ILLINOIS POLLUTION CONTROL BOARD
June
6,
1975
ENVIRONMENTAL PROTECTION AGENCY,
)
Complainant,
vs.
)
PCB 73—330
OZITE CORPORATION,
a Delaware
corporation,
Respondent.
ORDER OF THE BOARD
(by Mr. Henss):
On May 13, 1975 Ozite Corporation filed “Petition and
Status Report”.
The Petition states that Ozite has appealed
our Order of May 23, 1974 to the Appellate Court of the State
of Illinois, but that during the pendency of the appeal Ozite
applied for operating permits.
The Environmental Protection
Agency rejected the application for operating permit for the
reason that Ozite had not shown compliance with the Board
Order of May 23,
1974.
The letter of rejection states that
the application for an operating permit “is not deemed as
having been filed.”
Ozite now requests that the Board:
a)
find that Ozite
Corporation is in compliance with odor control regulations
based on the evidence submitted with the petition,
or in the
alternative set a hearing date for the taking of evidence
regarding Ozite’s compliance with odor control regulations
and the Board Order of May 23,
1974;
b)
enter an Order directing
the EPA to accept the application for permit and consider it
on its merits.
In support of the petition Ozite offers
to prove what
steps it has taken since May 23, 1974 to comply with the Board
Order.
We deny the petition on procedural grounds.
The issues
here are essentially those which are found in a permit proceeding
and are to be resolved in the first instance by the Environmental
Protection Agency.
It would be improper to by-pass the permit
procedure.
Our jurisdiction in this pending enforcement case
17
—
231
—2—
is now limited to those things necessary to the conduct of
the appeal of our May 23, 1974 Order.
Ozite should make its contentions and its proof in an
application for permit before the Environmental Protection
Agency.
The ruling of the Agency upon its consideration of
that application
(or its decision not to consider the appli-
cation)
is sulject to review by this Board pursuant to well
established procedures.
The petition of Ozite Corporation filed with the
Pollution Control Board on May 13,
1975 is denied without
prejudice.
I, Christan L. Moffett, Clerk of the Illinois Pollution Co~itrol
Board, ‘ereby certify the above Order was adopted the
(~,
“
day ~
,
1975 by
a vote of
~
Christan L. Moffe
erk
Illinois Pollution
trol Board
17
—232