ILLINOIS POLLUTION CONTROL
    BOARD
    May 5, 1983
    TARACORP,
    INC.,
    Petitioner,
    v.
    )
    PCB 83—43
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD (by J. Anderson):
    Three filings have been received regarding this March 31,
    1983 appeal of the denial of six air pollution permits and one
    water pollution permit. On April 13, 1983 the Agency made an
    objection to the request contained in p. 2 of Taracorp’s petition
    that it from time to time be allowed to amend its appeal and to
    add proof to the record that grant of the permits would not
    violate the Act. Taracorp’s request is denied, as to enlarge the
    scope of the appeal could violate the spirit of Section 40(a) of
    the Act, and enlargement of the record on appeal by addition of
    evidence not before the Agency at the time of its decision has
    historically been disallowed by the Board (see cases cited in the
    Objection, p. 2), and is prohibited by Section 40(b) of the Act
    where air permits
    ~
    involved.
    On April 13, the Agency moved for a 2 week extension of time
    for the filing of its record, and on April 28 for an indefinite
    stay of the time. In support of the latter, the Agency asserts
    that Taracorp, having filed an indefinite waiver of the decision
    period, has no objection to a stay during which settlement
    negotiations would take place. However, Taracorp would wish to
    have the ri~htto terminate the stay by requesting that the
    record be filed upon 14 day notice to the Agency and the Board.
    In the interests of effective docket control, the Board
    declines to grant stay of indeterminate duration, or to allow a
    stay to be dissolved by a party’s unilateral action. The
    Agency’s motion for extension of time and for stay are granted
    through July 8, 1983. If and when Taracorp wishes to have the
    stay dissolved so that its action may proceed at an earlier date,
    it should so move the Board.
    IT IS SO ORDERED.
    52-155
    2
    I, Christan
    L.
    Moffett, Clerk of the Illinois Pollution
    Control ~o~rd, hereby certify that the above Order was adopted
    on the ~
    ‘~
    day of
    ________________,
    1983 by a vote of
    ______
    ~
    Chrj.stan L. MoUjtt, Clerk
    Illinois Pollutiãn Control Board
    52-156

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