ILLINOIS POLLUTION CONTROL BOARD
    August 21, 1997
    FRANK SHIREY CADILLAC, INC.,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 97-232
    (UST - Appeal)
    ORDER OF THE BOARD (by R.C. Flemal):
    On June 19, 1997, the Illinois Environmental Protection Agency (Agency) and Frank
    Shirey Cadillac, Inc. (petitioner) filed a request for extension of the 35-day appeal period pursuant
    to Section 40 of the Environmental Protection Act (415 ILCS 5/40(a)(1) (1996)), relating to a
    May 14, 1997, Agency determination. The Agency requested the extension “to August 12, 1997,
    or any other date not more than a total of 90 days from the date of the Agency's final
    determination.”
    By order of
    July 10, 1997,
    the Board reserved docket PCB 97-232 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
    August 12, 1997 (the 90th day after May 14,
    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 21st day of August 1997, by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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