ILLINOIS POLLUTION CONTROL BOARD

August

5,

1976

INTERLAKE,

INC.,

Petitioner,

v.

)

PCB 76—138

ENVIRONMENTAL PROTECTION

AGENCY,

Respondent.

OPINION AND ORDER OF THE BOARD

(by Mr. Goodman):

This matter comes before the Board upon the May 11,

1976,

Petition

for Review of Permit Denial by Interlake, Incorporated

(Interlake).

The 90-day period within which the Board must act

upon this Petition,

as required by Section 40 of the Environmental

Protection Act, expires

as of the Board’s meeting today.

However,

the Board has just today received the record of a hearing held in

this matter on July 26,

1976.

In addition,

the Board has before it

three motions herein, none of which are ripe for decision.

The

Agency’s Brief was received two days

ago,

and the Board has not yet

received Interlake’s Brief if indeed they intend to

file

one.

The

Board finds that the incomplete record in this matter prevents

it

from reaching an intelligent decision.

Therefore,

having received

a negative response from Interlake to the Board’s request for a

waiver of the 90-day rule, the Board hereby dismisses the Petition

without prejudice.

IT IS SO ORDERED.

I, Christan

L.

Moffett,

Clerk of the Illinois Pollution Control

Board, hereby certify the above Opinion and Order were

dopted on

the

~1’~

day of

,

1976 by

a vote of____________

~

Illinois Pollution ~ç~tol

Board

23

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