ILLINOIS POLLUTION CONTROL BOARD

May 29, 1975

INTERLAKE, INC.,

Petitioner,

)

v.

)

PCB 73—528

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY, 

)

Respondent.

ORDER OF THE BOARD (by Dr. Odell)

On December 10, 1973, Interlake, Inc. filed a “Petition

For Review of Permit Denial” with the Illinois Pollution Control

Board (Board). A series of waivers extended the date for final

Board action until May 30, 1975. During the waiver period the

Illinois Environmental Protection Agency (Agency) and the

Petitioner attempted to resolve the problems raised in the

Agency’s permit denial letter of November 7, 1973. On April 29,

1975, a stenographic report was made of a conference conducted

by the parties. This report was filed with the Board on May 13,

1975. Since the notice requirements of Rule 307 of the Board’s

Procedural Rules were not complied with, this conference cannot

be considered a hearing. The discussion at the conference in-

dicated that the issues between the parties had been resolved.

In a May 12, 1975, letter received by the Board on May 13,

the Petitioner stated:

“Interlake is willing (1) to have the subject pro-

ceedings dismissed subject to their being reinstated

in the event that the operating permit for Interlake’s

basic oxygen process steel making facility at Riverdale,

Illinois, is not issued by the Environmental •Protection

Agency within a reasonable time, or (2) to have the

subject proceedings discontinued pending issuance of the

said operating permit with the provision that the pro-

ceedings will stand dismissed upon the issuance of the

said operating permit.”

We construe alternative (1) as a Motion To Dismiss. We grant

the Motion. Petition For Review of Permit Denial is dismissed

without prejudice.

IT IS SO ORDERED.

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

Board, herebj certify that the above Opinion 

and

Order was adopted

on the 

~day of May, 1975, by a vote of 

CEristan

L. Mo fètt/,e1~rk

Illinois Pollution C~L~±olBoard

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187