ILLINOIS POLLUTION CONTROL BOARD
    November
    29,
    1990
    NATURAL
    GAS PIPELINE COMPANY
    )
    OF AMERICA,
    Petitioner,
    v.
    )
    PCB 87—150
    )
    (Permit Appeal)
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by
    J.
    C. Marlin):
    On June
    7,
    1990, the Board directed the parties
    to submit
    a
    status
    report on this permit appeal no later than October
    1,
    1990.
    The Board stated that:
    “If this case is not settled by
    that date,
    the Board will consider ordering
    it
    to hearing or
    dismissing
    it
    for want of prosecution.”
    On October
    11,
    1990,
    the
    Board directed the Hearing Officer
    to schedule this matter
    for
    hearing
    by October
    30,
    1990 and to complete all such hearings no
    later than December
    31,
    1990.
    The Hearing Officer scheduled a
    hearing for December
    14,
    1990.
    Petitioner operated a Class
    I non—hazardous underground
    injection well called the Herscher Well pursuant
    to the interim
    “authorization by rule” provisions of
    the Board’s
    regulations a
    35
    Ill. Adm. Code 704.
    Petitioner
    filed
    a timely application for
    a permit for the Herscher Well on September
    5,
    1985.
    The permit
    application was denied by the Respondent
    in September,
    1987.
    Petitioner filed an appeal of this denial on October
    9,
    1987.
    Pursuant
    to
    35 Iii. Adm.
    Code 705.205,
    the permit
    is stayed
    pending the resolution of this appeal.
    The motion states
    that:
    “the parties have agreed that the Agency will
    issue a draft permit for the Herscher ~7elland
    Natural will dismiss this appeal.
    The Agency
    has agreed to
    issue a draft permit on November
    30,
    1990,
    or as soon thereafter as possible,
    and Natural will dismiss this appeal promptly
    thereafter.”
    On November
    7,
    1990 an “Agreed Motion To Stay Expiration Of
    Permit
    By Rule In Connection With Dismissal Of Appeal” was
    filed.
    The motion
    requests that the Board by order grant
    a
    continuing stay
    to the Petitioner after dismissal
    of this appeal,
    in order
    to continue regulatory authority to operate under permit
    116—217
    —2—
    by rule.
    Section 705.205 provides that:
    “if
    an appeal
    to the Board
    is filed,
    the effective date of
    the permit and all conditions are
    stayed until the appeal
    is concluded,
    unless
    the Board orders
    otherwise.t’
    The Petitioner believes that dismissal puts the stay
    upon which they are relying
    at
    risk.
    This case was originally filed October
    9,
    1987.
    On November
    15,
    1988, a Hearing Officer Order was
    filed with the Board
    stating that the parties had reached a settlement through which a
    permit would be issued.
    As the previous discussion has shown the
    matter remains unresolved.
    The Board
    is reluctant to grant
    an
    indefinite stay of the permit denial in this proceeding.
    The
    fact that
    a draft permit will be issued at
    a future date
    by no
    means assures
    the Board
    that the matter
    is resolved.
    The Board
    feels
    it
    more appropriate that the hearing scheduled for December
    14,
    1990,
    be continued in order
    to ensure complete and final
    resolution of
    this appeal.
    Therefore,
    the Board grants a
    continuance of that hearing.
    However,
    if
    the Board has not
    received
    a motion to dismiss this proceeding by January
    2,
    1991,
    this matter will be set for hearing on the merits.
    IT IS SO ORDERED.
    I,
    Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, ~ereby
    certify that
    the above Order was adopted on
    the
    ~c7~-~day
    of
    __________________,
    1990, by
    a vote
    ~6~hyM.unn,Clerk
    Illinois P6llution Control Board
    11.6—218

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