ILLINOIS POLLUTION CONTROL BOARD
January
26, 1984
CONOCO,
INC.
Petitioner,
v.
)
PCB 82—100
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
Respondent.
ORDER OF THE BOARD
(by J.
D. Dumelle):
This matter comes before the Board upon an October 27,
1983
motion for substitution of
the
petitioner filed on behalf of
Conoco,
Inc.
(Conoco)
in
this
permit appeal proceeding.
By Order
of December 15,
1983, the Board requested the parties to brief
the issue of the legality of a permit transfer while an appeal of
that permit is pending before the Board.
The Illinois
Environ-
mental Protection Agency (Agency)
filed its brief on January 17,
1984.
Conoco has not submitted any such brief.
The Board
finds
the Agency’s arguments that such transfer is
permissible convincing in this case since the subject matter and
supporting facts remain unchanged.
However,
the Board notes that
the Agency has not yet received
the
documents which are necessary
for the transfer of the permit
(and which have,
apparently, been
lost in the mail).
The motion is, therefore, granted contingent
upon the Agency~stransfer of the permit.
The Board notes that
such substitution constitutes an amendment to the petition for
review which restarts the Board~s 90—day period for decision.
IS
IS
SO ORDERED.
I, Christan L.
Moffett, Clerk of the Illinois Pollution
Control Board hereby certify
that
the above Order was adopted on
vote
of
day of
,
1984 by a
Christan
L.
Moffett, Cl
Illinois Pollution Control Board
56-57