ILLINOIS POLLUTION CONTROL BOARD
    December
    20, 1985
    BEKER INDUSTRIES CORP.,
    Petitioner,
    v.
    )
    PCB 85—146
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by J.
    Theodore Meyer):
    The Illinois Environmental Protection Agency
    (Agency)
    filed
    a Motion
    to Dismiss this permit appeal
    on October
    18,
    1985.
    Petitioner
    filed
    a response
    in agreement on December
    19, 1985.
    The permit appeal was filed
    on October
    2,
    1985.
    The Agency
    states that on September 27,
    1985 it reopened petitioner’s permit
    application and thus,
    a
    final decision
    is not due from the Agency
    until December 26,
    1985.
    The Board has previously held that when
    a permit application
    is reopened prior
    to the filing of
    a permit
    appeal, there
    has been
    no final action by the Agency for the
    Board
    to review under Section 40
    of the Act.
    Abbott Laboratories
    v.
    IEPA, PCB 81—33,
    March
    19, 1981;
    Caterpiller Tractor Co.
    v.
    IEPA,
    PCB 83—86,
    October
    19, 1983.
    Since
    that
    is
    the case here,
    the Motion
    to Dismiss
    is hereby granted.
    The Board
    notes that
    this dismissal
    in no way prejudices Beker’s right
    to appeal
    the
    Agency1s final decision on the subject permit.
    IT
    ES SO ORDERED.
    I, Dorothy M.
    Gunn, Clerk of the Illinois Pollution Control
    Board,
    hereby certify that the above Order was adopted on
    the
    ~2~1Z
    day of
    ,2~e~~42
    ,
    1985,
    by
    a vote
    of
    ________
    Dorothy
    M.
    ,~unn,
    Clerk
    Illinois Pollution Control Board
    67~1O3

    Back to top