ILLINOIS POLLUTION CONTROL BOARD

December 2, 1993

WILMER BROCKNAN, JR.

AND

FIRST MIDWEST BANK OF JOLIET

)

AS TRUSTEE UNDER TRUST NO. 757,

)

)

Petitioner,

)

v.

)

PCB 93—162

(Permit Appeal)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Respondent.

ORDER OF THE BOARD (by G. T. Girard):

On November 24, 1993, the Board received a motion for

summary judgement filed by Illinois Environmental Protection

Agency (Agency). The Board has not received a response from

petitioner and the response time pursuant to Section 101.241 has

not run. However, a hearing is scheduled for December 6, 1993,

and the Board finds that undue delay would result if the Board

does not rule today.

The Board notes that there are several factual issues

presented in this permit appeal. For example, based on a reading

of the petition for appeal and the Agency’s motion, there is an

issue as to whether the entire facility was closed or whether

only a portion of the facility closed in 1982. Further, the

Agency deemed the instant application for permit not filed

“because it lacked the information, documents, and authorizations

in the form”. (Mot. at 1.) Therefore, the Board finds that

there are genuine issues of fact to be resolved in this

proceeding. The motion for summary judgement is denied.

IT IS SO ORDERED

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

Board, here~ycertify that the( above order was adopted on the

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day of

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,

1993, by a vote

of ~

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-Dorothy N. ~unn, Clerk

Illinois Pollution Control Board