ILLINOIS POLLUTION CONTROL BOARD
    August
    18,
    1988
    ALTON
    PACKING CORPORATION
    Petitioner,
    v.
    )
    PCB 83—49
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD (by R.
    C.
    Flemal):
    This matter comes
    before the Board upon an August
    3,
    1988
    motion
    for stay pending appeal
    filed on behalf
    of Alton Packaging
    Corporation
    (“Alton”).
    The Illinois Environmental Protection
    Agency
    (“Agency”)
    filed its response in opposition to Alton’s
    motion on August
    11,
    1988.
    The Board previously denied Alton’s
    request
    for variance
    in an Opinion and Order dated FebruaLy 25,
    1988.
    Alton subsequently
    filed a motion to reconsider which was
    denied by the Board on May 5,
    1988.
    On June
    8,
    1988 Alton filed
    a petition for review of the Board’s decision with the Illinois
    Appellate
    Court,
    Fifth District.
    Alton asserts that
    it
    is entitled
    to an automatic stay
    during the pendency of its appeal
    of the Board’s decision
    to the
    Appellate Court, pursuant
    to Section
    38(b)
    of the Environmental
    Protection Act
    (“Act”) and
    35
    Ill. Adm. Code 104.102.
    However,
    those provisions
    only apply during the pendency of the variance
    proceeding before the Board.
    Since the February 25,
    1988 Opinion
    and Order constitutes
    final action of the Board, the automatic
    stay provision
    is
    no longer applicable.
    Alton further argues
    that
    it
    is entitled
    tO
    a discretionary
    stay under Supreme Court Rule 335(g).
    Alton states that
    a stay
    pending appeal
    is proper where there is
    a likelihood
    of
    prevailing on the merits and irreparable harm would result
    if a
    stay were not granted.
    The Board
    finds
    that the arguments contained
    in Alton’s
    motion are the same as those presented
    in
    its case in chief.
    Therefore,
    for the reasons stated
    in its February 25,
    1988
    Opinion and Order, the Board finds
    that Alton has not shown that
    it
    is entitled
    to a discretionary stay.
    Accordingly, Alton’s motion to stay pending appeal
    is hereby
    denied.
    91—341
    —2—
    IT IS SO ORDERED.
    I, Dorothy M.
    Gunn, Clerk of
    the Illinois Pollution Control
    Board, hereby certify that the above Order was adopted on
    the
    //~Z
    day of
    ~
    ,
    1988,
    by a vote
    of~~—~
    .
    0
    -~
    .
    Dorothy M. Gu
    ,
    Clerk
    Illinois Pollution Control Board
    91—342

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