ILLINOIS POLLUTION CONTROL BOARD
    April 2, 1998
    JACK DONELSON SALES COMPANY,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 98-118
    (UST - Appeal)
    (90-Day Extension)
    ORDER OF THE BOARD (by C.A. Manning):
    On March 17, 1998, the Illinois Environmental Protection Agency (Agency) and the
    Jack Donelson Sales 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 February 9, 1998, Agency determination. The Agency requested the
    extension “to May 10, 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 98-118 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 May 10, 1998 (the 90th day after February 9, 1998), 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 2nd day of April 1998 by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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