ILLINOIS POLLUTION CONTROL BOARD
December 4, 1997
HERB TREDER,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 98-46
(UST - Appeal)
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.
By order of
October 2, 1997,
the Board reserved docket PCB 98-46 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
November 20, 1997 (the 90th day after August 22,
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.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above order was adopted on the 4th day of December 1997, by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board