ILLINOIS POLLUTION CONTROL BOARD
March 24,
1983
THE CELOTEX CORPORATION,
Petitioner,
V.
)
PCB 78—177
ILLINOIS ENVIRONMENTAL
PROTECTION
AGENCY,
Respondent.
ORDER OF THE BOARD
(by
I.
G.
Goodman):
On February 24,
1983, pursuant to the
decision of the Supreme
Court of the State of
Illinois
in The Celotex Co~p~ration,
Appel
lee
v.
Ill
~
Environmental_Protection
A9encv~~pp~el1ants,
No.
55848,
Celotex
filed a Motion to Issue
Permit.
The
Illinois Environmental
Protection Agenc~j(Agency)
filed its
Response on March
3,
1983
and Celotex filed a
Reply to the Agency~s
Response on March
8,
1983.
On March
riO,
1983 the Board granted the
Agency leave to
respond to Celotex’s
March
8,
1983
Reply by March 21,
1983.
On March
22,
1983
Celotex
filed an Answer
to the Agency’s
Response to Celotex~s
Reply which had
been filed on March
21,
1983.
There being no
provision
in the
Boards Procedural
Rules
for the March 22; 1983
Celotex filing
and the Board not having
granted leave to file
such Reply,
the
Reply is hereby stricken.
On page
15 of
its Opinion, the Supreme Court stated
“Accordingly we
udge
that the issue of the denial of a renewal
permit on the basis of a
failure by
Celotex
to submit all the
requested
information should be considered by the Board on the
remand.
The
Permit can he denied only if the information was
not already
submitted and certified as current, and only if
without the information
the application
was
insufficient to
show compliance
with rules of the Board other than those
~qhich
were invalidated.”
It
is clear that the Supreme Court expects
the Board to reconsider
the record with
respect
to this
iSSUe.
In order to aid the
Board in its reconsideration,
the
parties
are hereby ordered
to
submit briefs on this issue
to the Board
on or before April
25,
1983,
51-~3O9
2
IT IS SO ORDERED.
I, Christan L,
Moffett, Clerk of the Illinois Pollution
Control Bo~rd,hereby certif1y that the above Order was
ado,eted
on the
~
day of
~
1983 by a vote of ~
Illinois Pollut
Control Board