ILLINOIS POLLUTION CONTROL BOARD
    January 25, 1990
    MOTOR OILS REFINING COMPANY, INC.,
    Petitioner,
    v.
    )
    PCB 89—116
    )
    (Permit Appeal)
    ILLINOIS ENVIRONMENTAL PROTECTION
    AGENCY,
    Respondent.
    ORDER OF THE BOARD (by B. Forcade):
    On January 4, 1990, Motor Oils filed a motion for summary
    judgment, to which the Agency responded on January 10. Each
    filing was supported by affidavit. On January 18, the Agency
    filed a motion for leave to file its permit record instanter,
    which motion is hereby granted. For the reasons expressed below,
    the motion for summary judgment is denied.
    The grounds for Motor Oils’ motion is the Agency’s asserted
    failure to take action on its permit application within 90 days
    of the date on which it was filed, as required by Section 39 of
    the Act. In support thereof, Motor Oils states that its permit
    application was hand delivered to the Agency on March 15, 1989
    and that the Agency acted to deny the permit on June 15, 1989,
    the 92nd day after March 15.
    The Agency does not disagree with these assertions, but
    states that Motor Oils has failed to mention that the March 15
    permit application was rejected by the Agency by certified letter
    dated March 16 due to Motor Oils’ failure to include two
    copies. The Agency states that the rejected application, its
    cover letter and the required copies were returned to the Agency
    on March 20. The Agency states that pursuant to 35 Ill. Adm.
    Code 807.205(f), the application was accordingly not deemed filed
    until March 20, and that i:s June 15 denial was therefore timely
    made.
    The Board finds that entry of summary judgment is not
    appropriate because of the existence of material issues of fact
    in this matter. The Board additionally finds that, based on the
    facts alleged by the Agency, the denial was timely made. Again,
    Motor Oils’ motion is denied.
    107—2 05
    —2—
    Finally, the Board notes the Agency’s assertion that:
    it is surprised at the Petitioner’s lack of
    candor and its failure to tell the whole truth
    to the Board.. .The Petitioner’s and its
    consultant’s reputations and credibility are
    not enhanced by these failures to tell the
    whole truth. It is unfortunate the Board and
    the Agency must devote its resources to
    responding to frivolous motions such as this
    one of Petitioner.
    The Board specifically requests a response from Motor Oil on
    this issue not later than February 2, 1990.
    IT IS SO. ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Order was adopted on
    the ~
    day of
    ~. —,
    1990, by a vote of
    /
    -
    //
    Dorothy M.. Gunn, Clerk
    IllinoisPollution Control Board
    107—206

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