ILLINOIS POLLUTION CONTROL BOARD
February 15,
1996
CARL AND EDNA BALL, cl/b/a
)
C & E RECYCLING AND RESOURCE
)
RECOVERY,
)
Petitioners,
)
)
v.
)
PCB95-182
)
(Permit Appeal-Land)
ILLINOIS
ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
ORDER OF THE BOARD (by 0.
T.
Girard):
This matter is before the Board on a motion for extension oftime and stay ofproceedings
filed on February
9,
1996.
Petitioners had previously been granted a stay until February 7,
1996,
to allow the parties time in which to resolve a related circuit court matter.
(county ofColes v.
Carl and Edna Ball, d/b/a C & E Recycling & Resource Recovery, No.
95-MR-48.)
The circuit
court matter is
still pending although a rulinghas been made from the bench and the parties are
drafting a final and appealable order.
The ruling from thebench permanently enjoined petitioners
from pursuing this permit appeal.
Therefore, the parties ask that this matter be stayed until
April
15,
1996,
with briefs being filed April
16, 1996.
Petitioners note that should the petitioners
decide not to appeal the circuit court ruling, the petitioners will file a motion to dismiss this
proceeding.
Petitioners have attached a waiver ofdecision deadline to May
16,
1996.
The Board will grant the stay until
April
15,
1996
with briefs to be filed on April
16,
1996.
IT IS
SO ORDERED.
I, Dorothy M. Gunn,
Clerk ofthe Illinois Pollution Control Board, hereby certify that the
above order was adopted on the
J$~~
day of
IiU.?t.c4a~7_-
~,
1996,
by a vote of
~
A.
Dorothy
WP”
Clerk
Illinois Polkition Control Board