ILLINOIS POLLUTION CONTROL BOARD
    August
    10,
    1989
    MOTOR OILS REFINING COMPANY,
    INC.,
    AN ILLINOIS CORPORATION,
    Petitioner,
    v.
    )
    PCB 89—116
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by R.
    C.
    Flemal):
    On July 14,
    1989, Motor Oils Refining Company,
    Inc.,
    (“MORCO”)
    filed an appeal of the decision of the Illinois
    Environmental Protection Agency
    (“Agency”)
    denying its
    application
    for
    a supplemental permit for
    its waste streams,
    permits 000044 through 000051
    (“the permits”).
    In
    its permit
    appeal, MORCO requests the Board grant it a stay of
    the effect of
    the Agency’s decision, thereby allowing
    it
    to continue to receive
    its waste streams under the terms of the permits, pending the
    outcome of
    this proceeding.
    On July
    25,
    1989,
    the Agency filed
    a
    Motion in Opposition to Stay.
    No reply to this Agency motion was
    filed by MORCO.
    Permits were initially issued by the Agency on November 17,
    1983 and expired on November
    20,
    1988.
    MORCO applied for
    the
    renewal of the permits on November
    16,
    1988, which application
    was denied by the Agency on February
    16,
    1989.
    MORCO never
    appealed this permit denial.
    MORCO filed a new application with
    the ~gency seeking renewal of
    the permits on March
    15 or
    20,
    1989
    and the Agency denied that application on June
    15,
    1989.
    MORCO operates an oil refinery located
    in McCook,
    Illinois.
    MORCO’s business
    is
    that of
    a re—refining facility
    which reprocesses used oils, particularly motor
    oils,
    for
    subsequent
    reuse by industry (Permit Appeal
    at 1—2).
    In support
    of its motion
    for
    stay, MORCO states
    that MORCO’s inability
    to
    continue to receive its customers’ materials will irreparably
    harm MORCO and damage their business.
    *
    The actual date which the Agency received this permit
    application
    is in dispute
    in the pleadings.
    This issue is not
    germane to the Board’s ruling on this motion.
    11)2—53
    —2—
    The Agency argues
    in opposition to MORCO’s motion that an
    automatic stay under Section 16(b)
    of the Illinois Administrative
    Procedure Act (“APA”)
    is inapplicable because Section 16(b)
    automatic stays are only conferred upon the timely application of
    a renewal of a permit, and that the application for renewal of
    the permits here was not timely filed.
    The Board believes that the automatic stay provision of
    Section 16(b)
    is not applicable in this instance because the
    application which is pertinent
    to this appeal was filed either on
    March
    15 or
    20, 1989, after the permits had expired, and was
    therefore not timely
    for the purposes of the automatic stay.
    MORCO itself admits that
    it did not pursue the renewal of its
    permits
    in a timely fashion
    (Permit Appeal at 7).
    However,
    the
    Board wishes the parties
    to address the issue of whether a
    discretionary stay is appropriate,
    including the potential for
    environmental harm in light of the statements made in paragraphs
    C and D of page
    5 of the Agency’s June 15,
    1989 denial letter.
    Such filings shall be received at the Board no later
    than August
    23, 1989.
    IT IS SO ORDERED.
    I,
    Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify th~tthe above Order was adopted on
    the
    /t~’~
    day of
    _________________,
    1989, by a vote
    of
    7-c
    .
    ~
    ~
    Dorothy M. qt~nn, Clerk
    Illinois Pollution Control Board
    102—54

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