ILLINOIS POLLUTION CONTROL BOARD
November 7, 1996
CGE FORD HEIGHTS, L.L.C.,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 96-164
(T-C Appeal)
ORDER OF THE BOARD (by C.A. Manning):
This matter comes before the Board on an October 18, 1996 motion to stay the petition
for review filed by CGE Ford Heights, L.L.C. (CGE) on January 25, 1996. CGE filed its
petition for review and hearing to contest the December 21, 1995 denial by the Illinois
Environmental Protection Agency (Agency) of CGE’s application for certification of its Ford
Heights facility as “pollution control facilities” pursuant to the provisions of 35 ILCS 200/11-5
through 11-30. On March 14, 1996, CGE filed a concurrent suit in the circuit court of Cook
County, styled CGE Ford Heights, L.L.C.,
et al.
v. Miller
et al.
, No. 96 C 2560. CGE states
that based on the outcome of the circuit court case, it may withdraw the present petition for
review before the Board. CGE further states that it would be a premature and unnecessary use
of the parties’ resources to proceed with the matter before the Board at this time. The Agency
filed its response to the motion to stay on October 28, 1996, stating that it concurs with CGE’s
request.
The Board hereby enters a stay in this matter for six months until May 2, 1997. CGE
is directed to file a status report by February 2, 1997. In the event the circuit court issues a
dispositive decision in the aforementioned matter, CGE is directed to file a status report with
the Board at that time.
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 _____ day of ___________, 1996, by a vote of
______________.
___________________________________
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board