ILLINOIS POLLUTION CONTROL BOARD
    September
    18,
    1980
    UNITED STATES STEEL CORPORATION,
    Petitioner,
    v.
    )
    PCB 79—266
    ILLINOIS ENVIRONMENTAL PROTECTION
    )
    AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by
    I.
    Goodman):
    The Agency’s September
    5,
    1980 Motion to Dismiss is denied.
    Regardless of whether Petitioner’s applications were identical
    in substance to the ones involved in the First District Appellate
    Court review of the Board’s Order
    in PCB 77—327
    (Illinois
    Environmental Protection Agency v
    Illinois Pollution Control
    Board and U.
    S. Steel Corp.,
    ________
    Ill.App.3d
    ,
    August
    1,
    1980),
    there are other items comprising the record in the
    instant proceeding which did not comprise the record of PCB 77—327.
    Furthermore, any hearing held in this matter may produce relevant
    evidence not contained in that record; Petitioner has not waived
    hearing
    in this matter.
    Although the Board’s Order of May
    29,
    1980 granting stay of
    proceedings until
    “September
    1,
    1980 or until the decision in
    U.S.
    Steel,
    whichever occurs first”, did not clarify whether it
    was the issuance of the opinion or the issuance of the mandate
    which constituted the
    “decision” in the case, the Board
    finds that
    the relevant time period is that period until the date upon which
    the subject matter of the litigation is final and conclusive upon
    the parties.~ Any other interpretation would be inconsistent with
    the intent behind
    a motion to stay or to defer.
    The Board’s Order of May
    29,
    1980 noted that Petitioner’s
    waiver was
    Q~2.
    tanto of the period of the “decision” in U.S. Steel
    or September
    1,
    1980, whichever first occurs.
    Because the date
    September
    1,
    1980 occurred before Petitioner has exhausted judicial
    remedies to which
    it has existing access,
    the 90—day decision
    period had resumed on September
    1.,
    1980.
    By its May
    14,
    1980 waiver,
    Petitioner has given the Board until July 18,
    1980 to decide the
    case;
    the effect of the May
    29,
    1980 Order made the due date
    on or before Sunday, October
    19,
    1980
    (Friday, October 17,
    1980).
    However, upon representation at the Board meeting by counsel,
    Petitioner has waived the statutory decision period until March
    1,
    —2—
    1981.
    Therefore, the Board, on its own motion, orders all hearings
    herein
    to be set and held on or before January 30, 1981 to allow
    Petitioner to pursue its appeal of U.
    S. Steel.
    IT
    IS SO ORDERED.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby cer ify that the above Order was a opted
    on the
    JJ~
    day of
    _______________,
    1980 by a vote of
    .-~.
    Illinois Plllution
    Board

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