ILLINOIS POLLUTION CONTROL BOARD
    August 9, 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 comes before the Board on a Motion to Dismiss
    filed by the Illinois Environmental Protection Agency (“Agency”)
    on
    August 2, 1990. The motion alleges that the permit appeal
    filed by Petitioner ESG Watts, Inc. on July 17, 1990 is
    substantially the same as the one previously filed on May 7, 1990
    and should therefore be dismissed.
    Portions of the petitioner’s prior permit appeal were
    stricken by Board Order of June 21, 1990, as being unrelated to
    the issues in the NPDES permit denial. The order allowed ESG
    Watts, Inc. to file an amended permit appeal in order to cure
    perceived deficiencies in the allegations which remained after
    the irrelevant portions were stricken. Instead petitioner filed
    the present permit appeal and accompanied it with its Motion to
    Consolidate. The motion was denied by the Board on July 19,
    1990. The motion attempted to consolidate with the prior NPDES
    permit appeal the matters relating to the denial of a RCRA Part B
    permit application.
    In its Order of July 19, 1990 denying the motion, the Board
    stated that it “has not received a formal appeal of the Agency’s
    June 27, 1990 denial of the RCRA permit.” That order reiterated
    that the Board found the issues involved in the two Agency
    denials to be unrelated. Our examination of the present permit
    appeal finds that petitioner’s filing contains the same defect as
    its prior one did. It contains many allegations relating to the
    RCRA permit denial. Given the above, the Agency’s motion to
    strike the unrelated RCRA issues is granted. All allegations in
    the July 17, 1990 permit appeal relating to the denial of the
    RCRA permit are hereby stricken. The Agency is directed to file
    its answer and all documents required by 35 Ill. Adm. Code
    105.102(b) (5).
    IT IS SO ORDERED.
    114—85
    —2—
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify t~iat the above Order was adopted on
    the
    7(~/~
    day of
    ________________
    ,
    1990, by a vote
    of
    —~:
    .
    ~~
    ~
    -
    Dorothy M. 19’unn, Clerk
    -
    Illinois P~lution Control Board

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