ILLINOIS POLLUTION CONTROL BOARD
    February 5, 2004
     
    BOARD OF TRUSTEES OF EASTERN
    ILLINOIS UNIVERSITY,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 04-110
    (Permit Appeal - Air)
          
     
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On January 8, 2004, the Board accepted a Petition for Review (Pet.) from the Board of
    Trustees of Eastern Illinois University (EIU) appealing the Clean Air Act Permit Program
    (CAAPP) permit No. 97040070 issued to it on November 25, 2003, by the Illinois
    Environmental Protection Agency (Agency) for the operation of its steam generating plant, a
    separate gas-fired boiler, and a gasoline storage tank in Coles County. At that time, the Board
    reserved ruling on a concurrently filed Motion to Stay Effectiveness of CAAPP Permit (Mot.).
    To date, the Agency has filed no response to that motion.
     
    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 to
    stay within fourteen days, then the party will be deemed to have waived objection to granting the
    motion.
    See
    35 Ill. Adm. Code 101.500(d).
     
    EIU contends that the permit does not reflect current applicable requirements or
    operations at its facility and thus is not consistent with pertinent statutes and regulations. Pet. at
    4. EIU filed the Petition for Review in this matter in order to preserve its right to appeal and that
    a stay is needed in order to protect that right and to prevent irreparable harm. Mot. at 1. EIU
    further states that the Agency, the public, and the environment will not be harmed if the Board
    grants a stay. Mot. at 2.
     
    The Board finds that EIU clearly has a right to appeal the CAAPP conditions imposed by
    IEPA. The Board further finds that, absent a stay, EIU will suffer irreparable harm.
     
    The Board grants EIU’s motion to stay effectiveness of the CAAPP permit until the
    Board’s final action in this matter or until the Board orders otherwise. The Board directs the
    parties to proceed as expeditiously as practicable.
     
    IT IS SO ORDERED.
     
     
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on February 5, 2004, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     
     
      

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