ILLINOIS POLLUTION CONTROL BOARD
    April
    25,
    1991
    NATIONAL STEEL CORPORATION
    GRANITE CITY STEEL DIVISION,
    )
    )
    Petitioner,
    v.
    )
    PCB 90—114
    (Permit Appeal)
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF
    THE
    BOARD
    (by
    J.
    C. Marlin):
    This matter
    is before the Board on a Motion for Summary
    Judgment filed by the Illinois Environmental Protection Agency
    (“Agency~)on April
    1,
    1991.
    The motion requests the Board to
    grant summary judgment against National Steel Corporation,
    Granite City Steel Division on their appeal of permit conditions
    contained in permit
    #88070071 dated January
    30,
    1990.
    The Agency
    submits the Permit Record
    in support
    of its motion.
    Granite City
    Steel Division filed
    a Memorandum of Law
    in Opposition
    to Motion
    for Summary Judgment on April
    12,
    1991.
    The motion was
    accompanied by a motion to file instanter.
    That motion
    is
    granted.
    In order
    for
    the Agency to prevail on its motion
    it must
    show that no issues of material fact exist
    in
    its permit appeal
    such that
    it
    is entitled
    to judgment in its favor
    as
    a matter
    of
    law.
    In an appeal of permit conditions
    it
    is
    the burden of the
    petitioner
    to demonstrate that the conditions imposed
    by the
    Agency are not necessary
    to accomplish the purposes
    of
    the Act
    and are not consistent with the regulations promulgated by the
    Board thereunder.
    Ill. Rev.
    Stat.
    1989,
    ch. l1l~,par.
    1039.
    To
    comply with its statutory
    burden
    of proof
    the petitioner must
    file a petition with the Board which contains:
    A)
    Citation of the particular standards under
    which a permit
    is sought;
    B)
    A complete and precise description of the
    facility,
    equipment, vehicle,
    vessel
    or
    aircraft for which
    a permit is sought,
    including its location;
    121—575
    —2—
    C)
    A complete description of contaminant
    emissions and of proposed methods for
    their control; and
    D)
    Such other materials as may be necessary
    to demonstrate that the activity for which
    the permit
    is sought will not cause a
    vIolation of the Act or the
    regulation.
    35
    Ill. Adm. Code
    105.102
    (a)(2)
    In essence,
    the Agency motion claims that the petitioner has
    failed to submit sufficient information in its permit appeal
    to
    meet this burden.
    We agree.
    The permit appeal filed by Granite City Steel Division
    contains no information describing the contaminant emission at
    issue
    in this appeal and of its proposed methods for control.
    No
    additional information was submitted to demonstrate that the
    activity for which the permit
    is sought, will not cause a
    violation of the Act or Board regulations.
    Rather,
    the
    petitioner conclusorily states that the special conditions are
    “arbitrary, unreasonable, capricious”,
    “unlawful”
    “unduly
    burdensome”
    and “violate constitutional protections”.
    The petition
    is insufficient
    to raise a question that
    the
    conditions imposed are not necessary to accomplish
    the purposes
    of the Act and are not consistent with the regulations
    promulgated by the Board thereunder.
    We do not believe, however,
    that summary judgment
    is the appropriate remedy at this stage of
    the proceeding.
    Moreover, Petitioner’s Memorandum
    of Law also
    indicates that substantial questions exist concerning the
    propriety of grant of the Agency’s motion.
    Therefore, we grant
    petitioner
    14 days from the date of this Order
    to file an amended
    petition with the Board,
    to be received by the Clerk of
    the Board
    no later than 4:30 p.m., May
    9,
    1991.
    Filing of an amended
    petition restarts the timeframe in which the Board must reach
    its
    decision
    in this matter.
    IT
    IS SO ORDERED.
    J. Anderson and J.
    D. Dumelle concurred.
    12
    1—576
    —3—
    I,
    Dorothy M. Gunn, Clerk
    of the IlliflOis Pollution Control
    Board,. hereby certify that t~ieabove Order was adopted on
    the ~
    ~-
    day of
    IL
    ~
    ,
    1991, by a vote of
    7o
    ~
    Dorothy
    14.
    Gu”nn,
    Clerk
    Illinois Pol’~utionControl Board
    12 1—577

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