ILLINOIS POLLUTION CONTROL BOARD
    August
    9,
    1990
    HYDRAULICS,
    INC., d/b/a,
    )
    BRAKE PARTS CO.,
    )
    Petitioner,
    PCB 89—88
    v.
    )
    (Permit Appeal)
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    Respondent.
    CONCURRING STATEMENT
    (by J.D. Dumelle):
    The IEPA’S July 23,
    1990 status report lists
    four submittals
    of additional information
    (“plans’t)
    by the Petitioner.
    It seems
    to me that
    these materials are no different
    from filing
    for
    a
    revised permit.
    The Board, under
    long established precedent, does not
    entertain a permit appeal when a revised permit application has
    been filed on the same site.
    That is,
    the Agency has no
    jurisdiction
    to issue any subsequent permits
    for the same
    application once the disputed permit has been appealed to the
    Board.
    See Caterpillar Tractor Co.
    v.
    IEPA, PCB 79—180,
    July 14,
    1983.
    Of course the Agency and Hydraulics
    Inc. are still free to
    settle their dispute and withdraw the permit appeal from the
    Board’s purview.
    Finally,
    thi.s case was filed with the Board more than a year
    ago on May
    23, 1989.
    If
    it
    is not brought to
    a decision quickly
    it should be dismissed for want of prosecution by the Petitioner.
    For
    these reasons,
    I concur.
    acob
    D.
    Dumelle,
    P.E.
    ~rd
    Member
    I,
    Dorothy M.
    Gurin, Clerk o~-”theIllinois Pollution Control
    Board hereby certify
    that
    the above ç9ncurring Statement was
    submitted on the
    ~23~!
    day of
    ~4~—
    ~
    ,
    1990.
    /c~~t
    ,
    Dd~bthyM. Guy,
    Clerk
    Illinois Pollution Control Board
    I
    14—15

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