ILLINOIS POLLUTION CONTROL BOARD

April 8, 1993

CHEMICAL WASTE MANAGEMENT, INC.,

)

)

Petitioner,

)

v.

)

PCB93—35

)

(Permit Appeal)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD (by R.C. Fleinal):

On February 19, 1993, Chemical Waste Management, Inc., (CWM)

filed this permit appeal. Also on that same date, CWM filed a

motion to stay the operating permit pending the resolution of

this appeal. On March 5, 1993, CWN filed a motion to consolidate

this proceeding with the related RCRA permit appeal in PCB 93—34.

The RCRA permit and air permit cover the same facility. The sole

issues presented in this appeal involve clarification that the

air permit issued is effective as of February 21, 1993, and an

alleged hardship which stems from CWM’s related appeal in PCB 93-

34. CWN states that both the air permit and RCRA permit were to

have identical conditions. CWM claims that by virtue of CWN’s

appeal in PCB 93-34, the automatic staying of the RCRA permit and

conditions would cause it to have to operate under different

conditions at the same facility at the same time, i.e., operate

under its previous RCRA permit and the newly issued air permit.

The Agency, in its March 24, 1993 answer to the motion to

consolidate, states that it has no objection to the consolidation

and that the air permit did indeed become effective February 21,

1993. The Board notes the permit copy appended to CWN’s petition

indicates a February 21, 1993 effective date.

The Board finds that in light of today’s dismissal of the

RCRA permit appeal in the related PCB 93-34, the Board dismisses

this matter as no issues remain. CWM has not contested this air

permit or any of the conditions in this permit, the only issue

being a possible inconsistency in operation related to the RCPA

permit. It appears now that CWM may operate under both permits

as issued.

The motions to consolidate and stay are denied and this

matter is hereby dismissed.

IT IS SO ORDERED.

0

~Li~

I-U I 27

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2

Section 41 of the Environmental Protection Act, 415 ILCS

5/41 (1992), provides for appeal of final orders of the Board

within 35 days. The Rules of the Supreme Court of Illinois

establish filing requirements. (But see also 35 Ill. Adm. Code

101.246, Motions for Reconsideration, and Castenada v. Illinois

Human Rights Commission (1989), 132 Ill.2d 304, 547 N.E.2d 437;

Strube v. Illinois Pollution Control Board, No. 3—92-0468, slip

op. at 4—5 (3d Dist. March 15, 1993).)

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

Bo

,

hereby certiy th~t the above order was adopted on the

______

day of

___________________,

1993, by a vote of

_______

7/

~—~orothy M. ~

Clerk

Illinois Pd~4ution Control Board

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