ILLINOIS POLLUTION CONTROL BOARD
May
24, 1990
THE UNO-VEN COMPANY,
Petitioner,
V.
)
PCB 90—99
(Permit Appeal)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
ORDER OF THE BOARD (by B. Forcade):
On May 14, 1990, the Uno—Ven Company (tUno-Ven”) filed a
petition for review of denial of HF Alkylation Unit 20 operating
permit renewal application No. 89040004 for its facility located
in Lemont, Illinois. Unc—Ven asserts that its application for
renewal of its operating permit was denied by the Illinois
Environmental Protection Agency (flAgencyu) on April 25, 1990, and
that the Agency stated that Section 9 of the Environmental
Protection Act (T1Act~’) and 35 Ill. Adm. Code 201.141 and 201.160
might be violated.
Uno—Ven has informed the Board that on May 1, 1990 it
requested the Agency to reconsider its decision denying renewal
of its permit. However, the Board has no information from the
Agency on whether this matter is under reconsideration.
If this matter is, in fact, under reconsideration, the Board
must decline to accept this matter for hearing. This is
consistent with earlier decisions in which the Board found that
it lacked jurisdiction to hear an appeal. See, e.g., Reichhold
Chemicals, Inc. v. EPA, PCB 89—94, Order of June 8, 1989;
Reichhold Chemicals, Inc. v. EPA, PCB 89—148, Order of November
8, 1989. See, also, Album, Inc. v. IEPA, PCB 81—23, March 19,
1981; Caterpillar Tractor Company v. IEPA, PCB 79—180, July 14,
1983; Joliet Sand and Gravel Co. v. IEPA, PCB 87—55, June 10,
1987; and ISP, Inc. v. IEPA, PCB 88—98, September 13, 1989.
The Board directs the parties to respond to whether this
matter is under reconsideration by the Agency and, therefore,
whether the Board lacks jurisdiction to entertain this appeal. A
response is requested not later than June 4, 1990.
The Board notes that
two
pages of the petition are labelled
~‘confidentia1”, but no confidential information was received. If,
in the future, tino—Ven wishes to submit confidential information,
the Board directs Uno—Vens attention to Section 7 and 7.1 of the
Act and
to
35 Ill. Adm. Code 101.160 and 101.161.
ii 1—425
—2—
IT IS SO ORDERED.
I, Dorothy M. Gunri, Clerk of the Illinois Pollution Control
Board, hereby certify that the above Order was adopted on
the
_______
day of
~t-~’
,
1990, by a vote
Illino
½t~
/~
Control Board
11 1—426