July 27, 1989

MOTOR WHEEL CORPORATION,

INC.,

)

)

Petitioner,

)

v.

)

PCB 89—89

)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE

BOARD

(by

B.

Forcade):

The Board has reviewed Motor Wheel Corporation,

Inc.’s

(“MWC”) motion for stay,

the Illinois Environmental Protection

Agency’s

(“Agency”) June 26,

1989 response, and MWC’s July 20,

1989 response

to Board Order.

The Board will grant the requested

stay of the closure plan conditions.

This matter concerns an appeal of an interim status closure

plan pursuant

to 35 Ill. Adm. Code 725.212.

These “mini—permits”

are not issued pursuant

to the procedures

for issuance of

a RCRA

permit.

Rather, the procedures are outlined

in Section 725.212,

with the closure requirements.

(See

35

Ill. Adm. Code

702.107.)

Therefore,

the detailed stay provisions of 35

Ill.

Adm. Code 705.202 et seq.

do not apply.

However,

the Board will

apply the general principle articulated

in these provisions:

that an existing, “permitted” operation should be allowed to

continue operating pursuant

to the prior “permit” conditions

pending resolution of the appeal, at least with respect

to

contested conditions,

unless otherwise ordered by the Board.

Consistent with this discussion,

the Board stays Condition No.

1,

which requires completion of closure by September

1,

and

certification of closure by November

1,

1989.

This stay is not

intended to authorize the Petitioner

to undertake closure

activities pursuant

to the earlier closure plan conditions which

were modified and which are the subject

of this appeal.

The

Board anticipates that all closure activities will be postponed

until final disposition of this matter.

IT

IS SO ORDERED

I,

Dorothy M. Gunn,

Clerk of the Illinois Pollution Control

Board, hereby certify

tha1t~th~above Order was adopted on

the

‘7~7~

day of _________________________

,

1989, by a vote

of

______

~

j~~)

LDorothy M.

p)4nn, Clerk

Illinois Pollution Control Board

101—307