ILLINOIS POLLUTION CONTROL BOARD
J1~jne 21, 1990
ESG WATTS, INC.,
Petitioner,
V.
)
PCB 90—95
(Permit Appeal)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
ORDER OF THE BOARD (by J. Marlin):
This matter Ls beffore the Board on the Illinois
Environmental Protection Agency’s (“Agency’t) Motion to Strike
filed May 29, 1990. The motion seeks to strike.”extraneous facts
and exhibits” from petitioner’s permit appeal. The Agency states
that the present appeal concerns denial o~a NPDES water
construction permit while the petitioner’s pleading contains
repeated references to an unrelated RCRA permit application which
allegedly is still pending before the Agency.
Our examination of the permit appeal filed by the petitioner
shows that the petitioner alleges that it is seeking relief from
“the decision of the
...
AGENCY, rendered March 30, 1990, denying
ESG WATTS, INC. an (sic) RCRA Part B Permit
. . .“.
A majority of
petitioner’s allegations also relate to a RCRA permit denial.
However, the denial letter attached clearly pertains to an NPDES
permit.
The permit appeal and its supporting exhibits are clearly at
odds. Because petitioner’s misplaced allegations are so
interwoven with the balance of the permit appeal we cannot
clearly determine what the true subject matter of this appeal
is. Therefore, the Board grants the Agency’s motion and strikes
paragraphs 1, 2 and 4 of the permit appeal and Exhibit #2
attached thereto. Because the status of the pleadings after
these steps are taken becomes questionable, the petitioner is
given leave to file an amended permit appeal within 30 days; that
petition will restart the statutory time period for decision.
I 2—.~13
—2—
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify t1~~atthe above Order was adopted on
the
~
day of
_______________
,
1990, by a vote
of
______________________
/~
/
Dorothy M. dunn, Clerk
Illinois Pollution Control Board
112—4 14