ILLIN()i~,

POLLUTION

CONTROL

BO~~

January

19,

1978

OWENS-ILLINOIS,

INC.,

Petitioner,

v.

)

PCB 77~-288

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

ORDER OF THE

BOARD

(by

Mr.

Younq):

On December

23, 1977,

Respondent Environmental

Protection

Agency filed an Answer to

the First Amended Patition for

Appeal

of Permit Denial and a Counterclaim for Permit: Revocation.

Petitioner filed

a

Motion

to Strike the Counterclaim on

January

4,

1978;

a response to

Lhe Motion to Strike was filed

on January 11,

1978.

The Procedural Rules of

the

Board set forth

in Rule 503(a)

the

form

of

action

for any person seeking revocation of a

permit which

is

an

enforcement

proceeding

governed

by

Part

III

of

the

Rules

and

commenced by service

of

notice and formal

complaint in accordance with Rules

304 and 305.

To allow the

Counterclaim

would

in effect be an amendment

to our Procedural

Rules

which

we decline as unnecessary;

the remedy sought

is

available within the express provisions of the Rules.

The Counterclaim

is refused as

a defective pleading

in

that it does not conform to procedural requirements

of the

Board as established by our Rules.

Nothing herein shall

be construed to bar the filing of

a proper complaint

seeking

rovocation

Of

~Ifly

permi.

t

floW

i

~

to

HìO

1’r’t

I

f~

oner

herc~i.n

and

t

ii’~

rvfusaJ.

O~

t:he

!3OrirC!

0

a000)t.

I hr

(.ouiit

orol aim is

not

an adjudication

on

the

merits

ot

the

alleqaLions,

facLs

or

issues

set

forth

therein.

IT

IS SO ORDERED.

I,

Christan L.

Moffett, Clerk of

the Illinois Pollution

Control Board,

hereby certify

the

above

Order

was

adopted

on

the

day

of

__________________,

1978

by a vote of

~

Q~stanL.Mo~?~,~l

e rk

Illinois

Pollution

Control

Board

29

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85