ILLINOIS POLLUTION CONTROL BOARD
February 27,
1992
THE GRIGOLEIT COMPANY,
Petitioner
)
V.
)
PCB 89—184
•
)
~Permit.Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
ORDER OF THE BOARD
(by J. Anderson):
On February
11,
1992,
the Grigoleit Company
(“Grigoleit”)
filed a its third motion for sanctions in this matter.
On
February 24,
1992,
the Illinois Environmental Protection Agency
(“Agency”)
filed a motion for an extension of time to respond to
Grigoléit~’smotion for sanctions.
On January
9,
1992, Grigoleit filed an appeal of this case
with the Fourth District Appellate Court of the Board’s December
6,
1991 Opinion and Order.
(Docket No. 4-92-0029).
As a result
of the appeal,
the Board is no longer vested with jurisdiction
in
this matter and cannot rule upon the above—mentioned motions.
City of Chicago v. Scandia Books.
Inc.,
102 Ill. App.
3d 72, 430
N.E.2d 14
(1st Dist.
1981); Moore
v. Moore,
53,
Ill. App.
3d 228,
368 N.E.2d 545
(1st Dist.
1977); Loehde v.
Loyola University,
11
Ill.
App.
3d 827,
297 N.E.2d 661
(1st Dist.
1973).
The Board,
however, will transfer both motions to PCB 92-23.
That case
involves Grigoleit’s appeal of certain conditions
of a January
7,
1992 operating permit that was issued by the Agency in response
to the Board’s December.6,
1991 Opinion and Order in this matter.
Accordingly,
because the motion for sanctions addresses
Grigoleit’s January 7,
1992 permit and because that permit is the
subject of PCB 92-23, the motion for sanctions and the motion for
extension of time should be transferred to that docket.
IT IS SO ORDERED.
I, Dorothy N. Gunn,
Clerk of the Illinois Pollution control
Board, hereby certify that the above Order was adopted on the
___________
day of
•
,
1992 by a vote of
Control Board
130—207