ILLINOIS POLLUTION CONTROL BOPkRD

January 18,

1996

ALLIED TUBE

& CONDUIT

)

CORPORATION,

Petitioner,

v.

)

PCB 96—108

)

(Permit Appeal-Air)

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD

(by M. McFawn):

On November 16,

1995, Allied Tube & Conduit Corporation

(Allied Tube)

filed a petition for permit review regarding its

facility located in Harvey,

I11inois~ Included in its

permit

appeal was a request that the Board stay the challenged terms of

the permit.

This is a new permit,

so that the automatic stay for

renewal permits provided by Section 16(b)

of the APA

(5 ILCS

100/10-65(b)

(1993)) does not apply.

The Board in its December

7,

1995 order accepting this matter for hearing directed the

Illinois Environmental Protection Agency (Agency)

to respond to

the request for stay within 14 days.

However, the Agency has not

filed a response to the request for stay.

Pursuant to the Board’s procedural rule at 35 Ill. Adm.

Code

101.241(b), a party that fails to respond to a motion is deemed

to have waived objection to the grant of the motion.

However,

such waiver does not bind the Board in its decision of the

motion.

(35 Ill. Adm. Code 101.241(b).)

Allied Tube has presented no argument or information which

support granting a

stay

in this matter.

Accordingly, Allied

Tube’s motion for stay is denied.

IT T~SO

ORDERED.

I, Dorothy H.

Gunn, Clerk of the Illinois Pollution Control

~

hereby cert~

that the above order was adopted on the

/X~

day of

_________________,

1996,

by a vote of

7~o

Dorothy M,vç~unn,Clerk

Illinois~~L1ution

Control Board