ILLINOIS POLLUTION CONTROL BOARD
    February 16, 2006
    SAINT-GOBAIN CONTAINERS, INC., a
    Delaware corporation,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 04-47
    (CAAPP Permit Appeal – Air)
    ORDER OF THE BOARD (by N.J. Melas):
    On January 17, 2006, Saint-Gobain Containers, Inc. (Saint-Gobain), filed a motion to
    stay this Clean Air Act Permit Program (CAAPP) petition asking the Board to review an August
    26, 2003 determination of the Illinois Environmental Protection Agency (Agency). The CAAPP
    permit (No. 95090132) concerns Saint-Gobain’s glass container manufacturing facility in
    Lincoln, Logan County. For the reasons below, the Board grants the motion.
    Saint-Gobain filed this petition on October 3, 2003. Saint-Gobain appeals on the grounds
    that the Agency-issued CAAPP permit does not reflect the current applicable requirements or the
    current operations at the facility. Specifically, Saint-Gobain has concerns with Section 1.0 and
    Conditions 5.2.7; 7.1.6; 7.1.12; 7.1.13 and 7.5.12 of the final CAAPP permit. Saint-Gobain
    argues the Agency has exceeded its authority and imposed conditions that violate Section 39.5 of
    the Act. 415 ILCS 5/39.5 (2002).
    Motions to stay a proceeding must be accompanied by sufficient information detailing
    why a stay is needed. 35 Ill. Adm. Code 101.514(a). If a party files no response to a motion
    within14 days the party will be deemed to have waived objection to the granting of the motion.
    See
    35 Ill. Adm. Code 101.500(d). Saint-Gobain requests that the Board stay the proceedings in
    this matter pending decision in a related enforcement matter, People v. Saint-Gobain Containers,
    Inc., PCB 03-22.
    On October 5, 2005, the Office of the Attorney General, on behalf of the People of
    Illinois (People), filed a motion to stay the enforcement matter. The Board granted the stay on
    December 15, 2005. Saint-Gobain contends that the resolution of the permit appeal is tied to the
    resolution of the People’s enforcement case. Accordingly, Saint-Gobain requests the Board to
    stay the proceedings of this matter until the People’s enforcement case is resolved. Saint-Gobain
    argues that a stay of the instant permit appeal could preserve Board resources and promote
    judicial economy.
    2
    To date the Agency has not responded to Saint-Gobain’s motion for stay. Therefore, the
    Agency waives any objection to the Board granting the motion.
    See
    35 Ill. Adm. Code
    101.500(d). Saint-Gobain has filed an open waiver of decision deadline. The Board grants
    Saint-Gobain’s motion and, accordingly, stays this proceeding until the Board orders otherwise.
    See
    35 Ill. Adm. Code 101.514.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on February 16, 2006, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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