ILLINOIS POLLUTION CONTROL BO?~RD

June 22,

1989

MOTOR WHEEL CORPORR~TION, INC.,

)

)

Petitioner,

)

)

v.

)

PCB 89—89

)

ILLINOIS ENVIRONMENThL

PROTECTION P~GENCY,

)

)

Respondent.

ORDER OF THE BOARD

(by B.

Forcade):

On June

20,

1989, Motor Wheel Corporation,

Inc.

(“MWC’t)

filed

a motion

to stay permit conditions.

Since the Board

is not

certain what action MWC

is requesting, additional

information

is

required:

1.

Is

MWC

requesting

the

Board

to

affirm

that some automatic stay provisions apply

or

is

MWC

requesting

some

form

of

discretionary

stay?

How

would

the

provisions

of

35

Ill.

Mm.

Code

705.202

to 705.205 apply here?

2.

If

the

Board

is

being

asked

to

issue

a

discretionary

stay,

is

there

adequate

information

presently

in

the

docket

on

MWC’s

permit

status,

current

operations

at the facility, and environmental impact

of

a stay,

to allow an

informed decision?

3.

What

precisely

is

the

Illinois Environ-

mental Protection 1~gency’sposition?

4.

Would

denial

of

a

stay

force

WMC

to

curtail

on-going

operations,

or

place

it

in

violation

of

the

RCRA

permit

requirements?

The parties are directed

to supplement the existing motion,

to the extent necessary

to answer the above question,

not later

than July 21,

1989.

IT

IS SO ORDERED

l0fl-~275

---

—2—

I, Dorothy

M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify t

t the above Order was adopted on

the

~2’~-’ day of ________________________,

1989,

by a vote

of

~

-

.

Dorothy !‘~77Gunn,Clerk

I1linois(,~ollutionControl

Board

100—276