ILLINOIS POLLUTION CONTROL BOARD
    November
    8,
    1990
    CWN
    CHEMICAL SERVICES,
    INC.,
    )
    )
    Petitioner,
    v.
    )
    PCB 89—177
    )
    (Permit Appeal)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY; and PEOPLE
    )
    OF THE STATE OF ILLINOIS,
    )
    )
    Respondents.
    ORDER OF THE BOARD
    (by J.
    Anderson):
    This
    matter
    is
    before
    the
    Board
    on
    the
    35th
    District
    Environmental Task Force’s
    (“Task Force”) Appeal to the Pollution
    Control
    Board
    filed October
    25,
    1990.
    The filing requests
    the
    Board to overturn the Hearing Officer’s Order
    in this case which
    denied their motion to intervene.
    On October 9,
    1990, the Illinois
    Attorney General ‘s Office filed their motion to intervene with the
    Board.
    That motion,
    however, was granted by the Hearing Officer
    on November 11,
    1990.
    The Task Force seeks to intervene in the permit appeal filed
    by
    CWN
    Chemical Services
    (“CWM”)
    from
    a
    denial by the Illinois
    Environmental
    Protection
    Agency
    of
    a
    RCRA
    hazardous
    waste
    incinerator
    permit.
    The
    Task Force
    filed
    its motion with
    the
    Hearing Officer
    on July
    9,
    1990.
    CWN
    filed
    a response to the
    motion on July 20,
    1990.
    On November 7,
    1990, the Task Force moved
    the Board to allow it a reply to
    CWM’s
    response.
    Replies are not
    allowed under Board rules unless prejudice would result.
    The Board
    has reviewed the Task Force’s arguments and authorities and does
    not find such prejudice will result in this case.
    Therefore,
    the
    motion for leave to file a reply
    is denied.
    In
    their
    appeal,
    the
    Task
    Force
    argues
    strenuously
    that
    several grounds exist
    for it to
    intervene •in the permit
    denial.
    The Board,
    despite the Task Force’s multifarious arguments,
    finds
    no authority to grant them intervention.
    In our decision in Waste
    Management,
    Inc. v. IEPA, PCB 84-45, 84—61 and 84—68 (consolidated)
    we
    held
    that
    no
    explicit
    legislative
    authority
    existed
    for
    allowance
    of citizen intervention
    in permit
    appeal
    cases.
    Our
    judgment was confirmed by
    the
    Third
    District Appellate
    Court’s
    decision
    in County of
    LaSalle
    v.
    IPCB,
    497 N.E.2d
    164
    (3d Dist.
    1986).
    The court did not find fault with the Board’s conclusion
    that
    it lacked
    authority to grant intervention to the County of
    LaSalle
    in that permit appeal and upheld the Board’s decision to
    deny intervention.
    The Task
    Force
    raises
    numerous
    other
    arguments
    as why
    it
    116—19
    —2—
    should be allowed intervention.
    Because we reaffirm today our lack
    of
    authority
    to grant
    the request we decline to
    discuss
    these
    arguments further.
    Therefore, the Task Force’s appeal
    is denied.
    The Task Force may continue participation in this case as amicus
    curiae as allowed by the Hearing Officer.
    IT IS SO ORDERED.
    Board Member B.
    Forcade concurred.
    I,
    Dorothy M.
    Gunn,
    Clerk
    of the Illinois Pollution Control
    Board,
    hereby certify that the
    bove Order was adopted on the
    day of ___________________________,
    1990 by a vote
    of
    70
    ~21z~
    ~
    Dorothy M/Munn, Clerk
    Illinois(7ollution Control Board
    116—20

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