ILLINOIS POLLUTION CONTROL BOARD
    October 16, 1997
    KUHN LUMBER COMPANY, INC.,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 98-51
    (UST - Reimbursement)
    (90-Day Extension)
    ORDER OF THE BOARD (by C.A. Manning):
    On October 9, 1997, the Illinois Environmental Protection Agency (Agency) and Kuhn
    Lumber Company, Inc. (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 September 2, 1997 Agency determination. The Agency requested the
    extension “to December 1, 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 98-51 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 December 1, 1997 (the 90th day after September 2, 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 16th day of October 1997, by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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