ILLINOIS POLLUTION CONTROL BOARD
    November 21, 1996
    RIVERSIDE LABORATORIES, INC.,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 90-165
    (Permit Appeal - Air)
    ORDER OF THE BOARD (by J. Yi):
    On November 15, 1996 petitioner, Riverside Laboratories Inc., filed a motion to
    dismiss its appeal of the Illinois Environmental Protection Agency’s (Agency) denial of an
    operating permit. As a result of a change in the Federal Implementation Plan for the Chicago
    non-attainment area and subsequent corresponding changes to the Board regulations and the
    State’s Implementation Plan the Agency issued the operating permit on August 26, 1996.
    Petitioner states “[w]ith issuance of this permit, Riverside is not aware of any justiciable (sic)
    controversy for the Board to adjudicate.” Petitioner requests the Board to grant the motion to
    dismiss this permit appeal without prejudice.
    Under Section 40 of the Act (415 ILCS 5/40 (1994)) an appeal must be filed within 35
    days of the date of Agency’s decision. Thus, a subsequent petition would be time barred.
    (See Metropolitan Airport Authority of Rock Island v. Office of State Fire Marshal, (March
    31, 1994), PCB 94-45.) Therefore the Board grants the motion to dismiss and closes the
    docket. However, the request to dismiss without prejudice is denied.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1994)) provides for
    the appeal of final Board orders within 35 days of the date of service of this order. The Rules
    of the Supreme Court of Illinois establish filing requirements. (See also 35 Ill.Adm.Code
    101.246 "Motions for Reconsideration.")
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the _____ day of ___________, 1996, by a vote of
    ______________.
    ___________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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