ILLINOIS POLLUTION CONTROL BOARD
September
1,
1994
CITIZENS UTILITIES COMPANY
)
OF ILLINOIS AND VILLAGE OF
)
PLAINFIELD,
Petitioner,
v.
)
PCB 94—203
(Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY AND VILLAGE
)
OF BOLINBROOK,
Respondent.
ORDER OF THE BOARD
(by G.
T. Girard):
On July 28,
1994, petitioners filed a petition for review of
an Illinois Environmental Protection Agency
(Agency)
determination granting a modification of a NPDES permit to the
Village of Bolingbrook (Bolingbrook).
On August
16 and August
17,
1994, the Agency filed motions to dismiss the appeal. On
August
17,
1994,
Bolingbrook filed a motion to dismiss for lack
of subject matter jurisdiction.
Petitioners filed a response to
the motions to dismiss on August 22,
1994 and a request to stay
this proceeding.
On August 29,
1994, the Agency filed an
objection to the petitioner’s motion to stay and on August 31,
1994, Bolingbrook also filed an objection to the motion to stay.
The Board denies the motion to stay as the decision deadline
has not been waived.
Petitioners cannot waive the statutory
decision in this because the NPDES permit being contested was
issued to respondent,
Bolingbrook.
The motions to dismiss for
lack of subject matter jurisdiction are granted for the reasons
enuciated in Citizens Utilities of Illinois and Village of
Plainfield
v.
IEPA and Village of Bolingbrook,
PCB 93-101, June
17,
1993.
(See also,
Citizens Utilities of
Illinois and Village
of Plainfield
V.
IPCB, IEPA and Village of Bolingbrook,
No.
3—93-
0736,
slip.op.
(3rd Dist. August 10,
1994).)
IT IS SO ORDERED.
I, Dorothy N. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify that the above order was adopted on the
/~
day of
~Y~I
,
1994,
by a vote of
_______
Dorothy M. ~unn,
Clerk
Illinois Pollution Control Board