ILLINOIS POLLUTION CONTROL BOARD
November 21, 1996
WEST SUBURBAN RECYCLING, AND
ENERGY CENTER, L.P.,
Petitioner,
v.
ILLINOIS ENVIORNMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 95-119 and PCB 95-125
(Permit Appeals - Land and Air)
ORDER OF THE BOARD (by R.C. Flemal):
This matter comes before the Board upon a Motion for Partial Stay of Order filed
November 15, 1996 by the Illinois Environmental Protection Agency (Agency). The Agency
requests stay of the portion of the Board’s October 17, 1996 order which required the Agency
to issue West Suburban Recycling and Energy Center, L.P. (WSREC) a solid waste
management development permit. The stay is requested during the pendency of the Agency’s
appeal of that portion of the Board's order.
The Board hereby denies the request for stay. The Board notes that the Agency may go
directly to the appellate court to request a stay pursuant to Rule 335 of the Rules of the
Supreme Court of Illinois.
IT IS SO ORDERED.
Board Member Kathleen M. Hennessey abstained.
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 ___________, 1996, by a vote of
______________.
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Dorothy M. Gunn, Clerk
Illinois Pollution Control Board