ILLINOIS POLLUTION CONTROL BOARD

January 11, 1990

REICHHOLD CHEMICALS, INC.,

Petitioner,

v.

)

PCB 89—148

(Permit Appeal)

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD (by B. Forcade):

On December 13, 1989, Reichhold Chemicals, Inc.

(“Reichhold”) filed a motion to Board for reconsideration, or, in

the alternative, for a stay pending appeal, as it pertained to

the Board’s November 8, 1989 Order. On January 2, 1990, the

Illinois Environmental Protection Agency (“Agency”) filed a

response in opposition to the motion. On January 9, 1990,

Reichhold filed a supplement to its motion and an objection to

the Agency filing. The Board notes that the Agency’s filing is

untimely, and that filing has not been considered in today’s

action.

Reichhold’s motion is denied. Reichhold has presented no

compelling argument as to why this Board has jurisdiction here.

As previously stated, the question of how the laws of the State

of Illinois should be applied to the facts in Application No.

86020013 now resides in the Third District. Any questions on

that issue should be addressed there. The Board notes that

Reichhold has yet to explain in what manner the normal appeal

procedures would have infringed its rights here.

IT IS SO ORDERED

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby cert that the above Order was adopted on the

//—~t~day of

____________________

,

1990, by a vote of 7~~2

~

~‘~2

~/

Dorothy M. ~

C1er~k

Illinois PoQ,~ution Control Board

107—83