ILLINOIS POLLUTION CONTROL BOARD
August 31, 1989
IBP,
INC.,
)
Petitioner,
)
PCB 89—128
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
ORDER OF THE BOARD (by J.
Anderson):
On August
21, 1989,
the Illinois Environmental Protection
Agency (Agency) filed a Motion to Dismiss and a Motion for
Extension of Time to file the permit appeal record. IBP, Inc.
(IBP) filed a Response to the Agency’s Motion to Dismiss on
August 25, 1989.
The Agency requests that the Board dismiss IBP’s permit
appeal because the time to appeal has elapsed or, in the
alternative, because the Agency did not make a final decision in
this matter and therefore the issue is not ripe for appeal. The
Agency also requests an extension of time in which to file the
permit record until the Board rules on the motion to dismiss.
According to the Agency, granting this extension could prevent
the needless expenditure of State resources.
In response, IBP requests that the Board deny the Agency’s
Motion to Dismiss or, in the alternative, that the Board hold
hearings upon the factual assertions made by the Agency in its
motion prior to the Board’s decision. IBP asserts that the
Agency’s motion states facts which are not verified in accordance
with 35 Ill. Adm. Code 101.242(a).
While hearings on these filings are not necessary, the Board
hereby orders the parties to verify any factual assertions made
by these filings through the submission of affidavits, to the
extent that such affidavits have not already been provided to the
Board. Additionally, the parties shall address Caterpillar
Tractor Co. v. Illinois Environmental Protection Agency, PCB 83—
86
(October 19, 1983), discussing that case’s relevance to the
situation at hand. See also, Reichold Chemicals, Inc. v.
Illinois Environmental Protection Agency, PCB 89—94 (June 8,
1989) (permit appeal dismissed due to request for reconsideration
of permit pending before the Agency). Responses to this Order
shall be filed with the Board by September 21, 1989.
The Agency’s Motion for Extension of Time to file the permit
appeal record is hereby granted.
102—255
2
Additionally, IBP’s August 25, 1989 motion to amend its
petition is granted.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify t~atthe above Order was adopted on
the
3~/52_
day of
_______________
,
1989, by a vote
of
Ci
s Pollution Control Board
102—2 56