ILLINOIS POLLUTION CONTROL BOARD

October 25, 1973

HYON WASTE MANAGEMENT SERVICES, INC.,

Petitioner,

v.

)

PCB 73—396

ENVIRONMENTAL PROTECTION AGENCY,

Respondent

ORDER OF THE BOARD (by Mr. Henss)

The Environmental Protection Agency

has

filed Motion to

Dismiss Appeal from Denial of Permit. The Agency claims that

the appeal is insufficient in failing to list the facilities

for which permit is sought, failing to describe the contaminant

emissions and in failing to identify the standards which the

Agency has supposedly applied in an improper manner. The

Motion to Dismiss is denied. The Agency has sufficient in-

formation to go to trial. This petition is for renewal of a

permit which had previously been issued by the Agency. The

facilities involved and the contaminants are presumably known

to the Agency. We don~tsee how the Appellant could identify

the reasons ~‘ordenial of a permit unless the Agency has first

indicated its reasons for such denial. This contention goes to one of

the key issues in the case, a claim that Hyon has been denied

procedural due process by the Agency refusal to disclose the

underlying reasons why the Agency refuses to grant the required

permits. This is not an issue to be disposed of prior to hearing.

The Motion to Dismiss Appeal from Denial of Permit is

denied.

I, Christan L. Moffett, Clerk of the Illinois Pollution Control

Board, her by certify the above Order was adopted this ~

day of

__________,

1973 by a vote of ~j to ~

•

9—665