HE ILLINOI
    a Delaware corporation,
    ILLINOIS
    ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    TO: Ms. Dorothy
    Clerk of the Boar
    Illinois
    Pollution Control Board
    100 West Randolph Street
    Suite 11-500
    o, Illinois 60601
    TION CONTRO
    )
    o.04-47
    PP Permit
    Appeal)
    Hearing Officer
    Illinois Pollution Control Board
    1021
    North Grand Avenue East
    Box 19274
    Illinois 62794-c
    LASS MAIL)
    ,EASE TAKE NOTICE that I have today served
    on the Office of the Clerk of
    Ilinois Pollution Control Board a MOTION TO STAY PROCEEDINGS,
    a copy
    o
    served upon you.
    Dated:
    Ja
    6
    By: /s/N. LaDonna
    One of Its Attorneys
    ZEMAN
    150 Rotand Avenue
    ffice Box 5776
    2705-5776
    INC., )
    E
    N RECYCLED
    PAPER
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 17, 2006
    CERTIFICATE OF SERVICE
    I, N. LaDonna Driver, the undersigned, hereby certify that I have served the
    a ttached MOTION TO STAY PROCEEDINGS upon:
    Ms. Dorothy M. Gunn
    Clerk of the Board
    Illinois Pollution
    Control
    Board
    100 West Randolph Street
    Suite 11-500
    Chicago, Illinois 60601
    via electronic mai n January 17, 2006; and upon:
    Dennis E. Brown, Esq.
    Illinois Environmental Protection Agency
    East
    Post Office Box 19276 - Mail Code #21
    Springfield, Illinois 62794-9276
    Carol Webb, Esq.
    Hearing Officer
    is Pollution Control Board
    1021 North Grand Avenue East
    e Box 19274
    d, Illinois 62794-9274
    by depositing
    Illinois on
    ary 17, 2006.
    tates
    Mail, postage prepaid, in Springfield,
    /s/N. LaDonna
    Driver
    a Driver
    S GCO:001/Fil/PCB No. 04-47 CAAPP/NOF-COs-Motion to Stay Proceedings
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 17, 2006
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    SAINT-GOBAIN CONTAINERS.,
    )
    a Delaware corporation,
    )
    Petitioner,
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION
    AGENCY,
    )
    )
    Respondent.
    )
    PCB 04-47
    (CAAPP Permit Appeal)
    MOTION TO STAY PROCEEDINGS
    -GOBAIN CONTAINERS, INC.
    (hereinafter
    -Gobain" or "Petitioner"), by and through its attorneys, HODGE DWYER
    , and requests that the Board stay the proceedings in this matter, pending
    ion in a related matter, People v. Saint-Gobain Containers, Inc., PCB 03-22
    cement case") stating as follows:
    1.
    On September 30, 2003, Petitioner filed a Petition
    of the Clean
    Air Act Permit
    Program permit granted to Saint-Gobain by the Illinois Environmental
    Protection Agency on August 26, 2003.
    2.
    On October 16, 2003, the Board accepted this matter for hearing.
    3.
    On October 23, 2003, Petitioner filed a Notice of Waiver of 120-Day
    On January 19, 2004, Petitioner filed an open waiver of the statutory 120-
    day decision deadl
    r to conduct settlement neg
    peal involves an issue that is the focus of e above-referenced pending
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 17, 2006
    enforcement case. Thus, the permit appeal has been tracking the State's enforcement
    case, as evidenced by the Hearing
    Officer Orders
    in these cases.
    5.
    On October 5, 2005, the State filed a Motion to Stay the enforcement case.
    In the Motion to Stay, the State explained that it is participating w
    e
    United
    States
    Environmental Protection Agency in a joint federal and state global initiative regarding
    air issues at
    Saint-Gobain
    facilities. Motion to
    Stay,
    at paragraph l.
    One of the
    facilities
    in the
    same
    involved in the State's enforcement case (and this
    permit
    appeal).
    Motion
    to Stay,
    at
    paragraph
    2. In addition, the initiative
    involves an
    that is central to the State's enforcement case (and this pen-nit appeal). Motion to
    Stay,
    at paragraph 4.
    6.
    The State also stated that the "federal action
    lop an appropriate
    technical remedy and seek
    resolution
    of
    the
    same
    violations alleged in
    the State's
    ndent of the State's enforcement action in the instant case."
    Stay, at paragraph 5.
    Also, if the Board and federal initiative "proceed independently, a
    substantial likelihood exists for overlapping or inconsistent injunctive r
    case.
    Stay, at paragraph 7.
    7.
    Saint-Gobain did not object to the State's Motion to Stay the enforcement
    case. The Board granted the
    Motion
    to Stay on
    December 15, 2005.
    S.
    The resolution of the permit appeal is tied to the resolution of the State's
    See paragraphs 7 and 9 of the Petition for Review. Therefore, we
    request the Board to stay the procee
    of this matter
    both the federal it
    and the State's enforcement case, are resolved.
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 17, 2006
    9.
    This Motion for Stay of Proceedings is made in good faith and is not for
    purposes of undue delay. A stay of the instant permit appeal could preserve
    Board
    resources and promote judicial economy.
    WHEREFORE, Petitioner respectfully
    requests
    that
    the Board stay the
    proceedings in this matter until such
    time as a resolution of the federal matter and the
    related enforcement matter before the Board is
    known.
    Respectfully subm
    SAINT-GOBAIN CONTAINERS,
    INC.,
    Petitioner,
    By: /s/N. LaDonna Driver
    N. LaDonna
    Driver
    Dated: January
    17, 2006
    N. LaDonna Driver
    ZEMAN
    0 Roland Avenue
    Post Office Box 5776
    ngfield, Illinois 62705-5776
    (217) 523-4900
    S GCt7:001/Fil/PCB No. 04-47/Motion to Stay Proceed
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 17, 2006

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