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

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