TLLL~JOISPOLLUTION CONTROL BOARD

January

19,

1978

UNITED

STATES

S1’EEL

COJPORT~TION,

Petitioner,

V.

)

PCB

77—327

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD

(by Mr. Dumelle):

On January

9,

1978 Respondent filed a motion to dismiss

this

matter

because

it

had

not

been

filed

within

45

days

of

the date of mailing of the Aqency’s final decision

as

re-

quired by Procedural Rule 502(a) (2).

This position is based

upon the assumption that

June

22, 1977

is the date of mailing

of the Agency’s final decision.

Petitioner pointed out in its response to the Agency’s

motion

that

it

supplied

additional

information

in

a

letter

dated

September

30,

1977.

Petitioner

feels that this additional

submission constituted a resubmittal of its original permit

application.

This position is supported by the fact that the

Agency subsequently denied the subject permit

in a letter

dated

October

31,

1977.

The Petition for Review of Permit Denial

was filed within 45 days of October 31,

1977.

Consequently, the motion to dismiss is hereby denied.

IT

IS

SO

ORDERED.

I, Christan

L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify the above Order was adopted on

the

1g+’

day of

_______________,

1978 by a vote of

~

istan L. Mo fet

erk

Illinois Pollution

trol Board