ILLINOIS POLLUTION CONTROL BOARD
    February 5, 1998
    FRANKLIN COMMUNITY UNIT
    SCHOOL DISTRICT #1,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 98-101
    (UST - Appeal)
    (90-Day Extension)
    ORDER OF THE BOARD (by C.A. Manning):
    On January 20, 1998, the Illinois Environmental Protection Agency (Agency) and the
    Franklin Community Unit School District (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 December 16, 1997, Agency determination. The Agency
    requested the extension “to March 16, 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 98-101 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 March 16, 1998 (the 90th day after December 16, 1997), the Board
    will dismiss the docket. A $75 filing fee will be required if petitioner files a 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 5th day of February 1998, by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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