ILLINOIS POLLUTION CONTROL BOARD
July 10, 1997
SCHULLER INTERNATIONAL
CORPORATION, a/k/a JOHN
MANVILLE SALES CORPORATION,
a/k/a MANVILLE CORPORATION,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 97-176
(UST - Appeal)
ORDER OF THE BOARD (by C.A. Manning):
On April 4, 1997, Schuller International Corporation (petitioner) filed a request for
extension of the 35-day appeal period pursuant to Section 40 of the Environmental Protection
Act relating to a March 24, 1997, Illinois Environmental Protection Agency (Agency)
determination. On April 29, 1997, the Agency filed its concurrence and joint request for
extension of the 35-day appeal period.
By order of
May 1,1997,
the Board reserved docket PCB 97-176 for any petition which
might be filed by petitioner in this matter. The order stated, “[i]n the event that petitioner
fails to file an appeal on or before
June 22, 1997 (the 90th day after March 24, 1997),
the Board
will dismiss the docket as unnecessary.”
Since no petition has been filed, the Board dismisses this matter and closes the docket.
IT IS SO ORDERED.
Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1996)) provides for
the appeal of final Board orders to the Illinois Appellate Court within 35 days of service of this
order. Illinois Supreme Court Rule 335 establishes such filing requirements. See 145 Ill. 2d
R. 335; see also 35 Ill. Adm. Code 101.246, Motions for Reconsideration.
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the
above order was adopted on the 10
th
day of July 1997, by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board