ILLINOIS POLLUTION CONTROL BOARD
    November 16, 1995
    CWM CHEMICAL SERVICES, INC.,
    )
    )
    Petitioner,
    )
    )
    v.
    )
    PCB 89-177
    )
    (Permit Appeal-Land)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY, and THE
    )
    PEOPLE OF THE STATE OF )
    ILLINOIS,
    )
    )
    Respondents.
    )
    ORDER OF THE BOARD (by J. Theodore Meyer):
    This matter is before the Board on a November 2, 1995 Motion
    to Dismiss filed by petitioner, CWM Chemical Services, Inc.
    (CWM). CWM requests that the stay in this matter be lifted and
    that the Board dismiss its petition for hearing. On November 3,
    1995, the Board received CWM's status report in this matter.
    In September 1989, the Illinois Environmental Protection
    Agency (Agency) denied CWM's application for a Part B permit
    under the Resource Conservation and Recovery Act (RCRA) for its
    incinerator facility located in Chicago. CWM petitioned for a
    hearing and hearings began in November 1991.
    On November 15, 1991, CWM submitted a revised application
    for a Part B permit which incorporated substantial changes in
    accordance with the Second Amended Interim Consent Decree filed
    in the Circuit Court of Cook County in People v. CWM Chemical
    Services, Inc., 91 CH 4768. In April 1992 the Board granted a
    stay in this matter based upon an agreed stipulation entered by
    CWM, the Agency and the Attorney General in which CWM agreed to
    remove waste acceptance, storage or incineration until its RCRA
    Part B permit was approved.
    In its June 30, 1994 status report, CWM reported its
    intention to sell its Chicago facility to Clean Harbors of
    Chicago, Inc. (CHCI). CHCI requested modifications to its RCRA
    permit in order to operate CWM's Chicago facility. The Agency
    issued a draft Part B permit modification on March 17, 1995. On
    June 30, 1995, the Agency issued a final RCRA Part B permit
    modification to CHCI. The sale of CWM's Chicago facility is
    scheduled to be closed on or before November 7, 1995.
    As a result of CHCI's permit modification and acquisition of
    CWM's incinerator facility, CWM's permit appeal is moot. CWM
    therefore requests a dismissal of this matter.
    2
    The Board hereby accepts CWM's status report and grants
    CWM's motion to dismiss its appeal.
    IT IS SO ORDERED.
    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".)
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above order was adopted on the
    ______ day of ______________________, 1995, by a vote of ______.
    ________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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