ILLINOIS POLLUTION CONTROL BOARD
    November 20, 1997
    BRICKYARD DISPOSAL &
    RECYCLING, INC.,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 98-71
    (Permit Appeal - Land)
    (90-Day Extension)
    ORDER OF THE BOARD (by C.A. Manning):
    On November 19, 1997, the Illinois Environmental Protection Agency (Agency) and
    Brickyard Disposal & Recycling, 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 October 15, 1997, Agency determination. The Agency
    requested the extension “to January 13, 1998, 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 98-71 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 January 13, 1998 (the 90th day after October 15, 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 20th day of November 1997, by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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