ILLINOIS POLLUTION CONTROL BOARD

Nay 4, 1995

EXCEL CORPORATION,

)

Petitioner,

v.

)

PCB 95—126

)

(Permit Appeal

-

Water)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD (by G. T. Girard):

On April 26, 1995 the petitioner filed a motion for stay of

denial of permit. Petitioner had timely filed a request for

permit renewal with the Illinois Environmental Protection Agency

(Agency), which was denied. It is that denial which is the

subject of this appeal. On May 3, 1995, the Board received a

response from the Agency indicating that the Agency does not

object to the granting of the stay. Section 10.65(b) of the

Illinois Administrative Procedures Act provides that the permit

shall continue in full force and effect until the Board’s

decision on the appeal. (5 ILCS 100/10-65(b).) Therefore, the

motion for stay is denied as moot.

IT IS SO ORDERED.

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. 4unn, Clerk

Illinois lution Control Board