ILLINOIS POLLUTION CONTROL BOARD
    October 2, 1997
    HERB TREDER,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 98-46
    (UST - Appeal)
    (90-Day Extension)
    ORDER OF THE BOARD (by C.A. Manning):
    On September 30, 1997, the Illinois Environmental Protection Agency (Agency) and
    Herb Treder (petitioner) filed a request for extension of the 35-day appeal period pursuant to
    Section 40 of the Environmental Protection Act (Act) (415 ILCS 5/40(a)(1) (1996)), relating
    to an August 22, 1997 Agency determination. The Agency requested the extension “to
    November 20, 1997, or any other date not more than a total of 90 days from the date of the
    Agency's final determination.”
    Section 40(a)(1)of the Act, which governs the appeal process, provides:
    the 35-day period for petitioning for a hearing may be extended
    for a period of time not to exceed 90 days by written notice
    provided to the Board from the applicant and the Agency within
    the initial appeal period. 415 ILCS 5/40(a)(1) (1996).
    As the Board maintains its files by docket number only, the Board will reserve docket
    PCB 98-46 for any appeal which may be filed by petitioner. Petitioner is directed to use this
    docket number in any future filing concerning this appeal. In the event that petitioner fails to
    file an appeal on or before November 20, 1997 (the 90th day after August 22, 1997), the
    Board will dismiss the docket. A $75 filing fee will be required if petitioner files such
    petition.
    IT IS SO ORDERED.
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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 2nd day of October 1997, by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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