ILLINOIS POLLUTION CONTROL BOARD
    January
    4,
    1979
    ENVIRONMENTAL PROTECTION AGENCY,
    Complainant,
    v.
    )
    PCB 76—248
    ASHLAND CHEMICAL COMPANY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by Mr. Goodman):
    On April
    17,
    1977, the Board stayed proceedings in this
    matter pending the decision by the Third District Appellate
    Court on Ashland’s operating permit appeal, PCB 76-186.
    The
    Third District Appellate Court on October 20,
    1978 issued its
    mandate reversing the permit denial and ordering issuance of
    the operating permit for a 120 day period.
    Ashland filed a Motion to Dismiss this proceeding on
    December 21, 1978, and alleged two grounds for dismissal.
    As
    to Counts
    I and II, which allege operation of boilers without
    the required permits, Ashland argues that the Appellate Court
    decision renders these counts moot.
    The Board agrees.
    As to
    Counts III and IV, which allege construction and operation of
    a baghouse control device without the required permits, Ashland
    alleges that the required permits were granted by operation of
    law because Ashland submitted the necessary applications but
    received no response.
    Such an allegation is a defense to the
    Complaint and may be proved at hearing, but it is not grounds
    for dismissal of the Complaint.
    The Board hereby grants Ashland’s
    Motion to Dismiss as to Counts
    I and
    II of the Complaint and
    strikes those Counts but denies the Motion as to Counts III and IV.
    IT
    IS SO
    ORDERED.
    I,
    Christan,
    L. Noffett,
    Clerk of the Illinois Po1~1ution
    Control Board,
    hereby accept the above Order was adopted
    9fl
    the _________day of
    _______________,
    1979 by a vote of
    ~ç’
    Christan L. Moffeb4~)~lerk
    Illinois Pollution Th~itrolBoard
    32—33 1

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