ILLINOIS POLLUTION CONTROL BOARD
    November 6, 1997
    EXOLON ESK COMPANY,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 98-63
    (Permit Appeal - Water)
    (90-Day Extension)
    ORDER OF THE BOARD (by C.A. Manning):
    On October 27, 1997, the Illinois Environmental Protection Agency (Agency) and
    Exolon ESK Company (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 a September 26, 1997, Agency determination. The parties have agreed to
    extend the 35-day appeal period for a total of 90 days from the Agency’s determination
    (December 26, 1997).
    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 98-63 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 26, 1997 (the 90th day after September 26, 1997), the
    Board will dismiss the docket. A $75 filing fee will be required if petitioner files such
    petition.
    IT IS SO ORDERED.
    Board Member K.M. Hennessey abstained.
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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 6th day of 1997, by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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