ILLINOIS POLLUTION CONTROL BOARD
    January 8, 2004
     
    CHAMPION LABORATORIES, INC.,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB
    04-65
     
    (Permit Appeal - Air)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On November 6, 2003, the Board accepted Champion Laboratories, Inc.’s (Champion)
    petition appealing the Illinois Environmental Protection Agency’s (Agency) issuance of a Clean
    Air Act Permit Program (CAAPP) permit regarding Champion’s automotive oil filter
    manufacturing facility in West Salem, Edwards County, but reserved ruling on a concurrently
    filed motion to stay effectiveness of the CAAPP permit. To date, the Agency has not filed a
    response to the 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
    within 14 days the party will be deemed to have waived objection to the granting of the motion.
    See
    35 Ill. Adm. Code 101.500(d). Champion contends that a stay of the CAAPP permit is
    necessary to prevent it from incurring irreparable harm, and to protect its certain and clearly
    ascertainable right to appeal permit conditions. Champion asserts that the Agency, the public
    and the environment will not be harmed if a stay is granted. The Board grants Champion’s
    motion to stay effectiveness of the CAAPP permit until the Board’s final action in this matter or
    until the Board orders otherwise.
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on January 8, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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