ILLINOIS POLLUTION CONTROL BOARD
    August 5, 1999
    HUMANE MANUFACTURING, LLC,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    PCB 99-190
    (Permit Appeal - Air)
    ORDER OF THE BOARD (by K.M. Hennessey):
    On July 6, 1999, petitioner Humane Manufacturing, LLC (Humane) moved the Board to stay this air permit
    appeal (Motion). Specifically, Humane asks that the Board stay this proceeding until the Illinois Environmental
    Protection Agency (Agency) issues an operating permit for Humane’s air pollution control equipment or the
    parties determine that further negotiations are futile. Motion at 2. The Agency did not respond to the Motion.
    The Board denies the Motion. Under Section 40(a)(2) of the Environmental Protection Act, 415 ILCS
    5/40(a)(2) (1998), if the Board fails to decide this appeal by October 26, 1999, Humane may deem the permit issued.
    Because Humane has not extended this decision deadline, it would be inappropriate for the Board to grant the stay
    that Humane requests.
    Humane may file a motion for stay accompanied by a waiver of the decision deadline. The waiver must
    be an open waiver or a waiver until a date certain. See 35 Ill. Adm. Code 101.105. In the absence of an open
    waiver, any motion for stay should request that the stay last until a date certain.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the above order was
    adopted on the 5th day of August 1999 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top