ILLINOIS POLLUTION CONTROL BOARD
    March
    3,
    1994
    SHEREX CHEMICAL CO.,
    INC.,
    Petitioner,
    V.
    )
    PCB 91—202
    (Permit Appeal)
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by E. Dunham):
    On February 18,
    1994,
    Sherex Chemical Co.,
    Inc.
    (Sherex)
    filed a “Motion to Dismiss Appealt’.
    On February
    25,
    1994,
    Sherex
    filed a “Motion to Stay Decision on its Motion to Dismiss
    Appeal”.
    Sherex notes that the Illinois Environmental Protection
    Agency has not issued the RCRA B permit and it is uncertain when
    the permit will be issued.
    Sherex maintains that it does not
    wish to dismiss the appeal until the permit
    is issued and
    requests that the Board stay the motion to dismiss.
    The Board construes the motion for stay as a motion to
    withdraw the motion to dismiss.
    The Board grants the motion to
    withdraw the motion to dismiss and therefore will not rule on the
    motion to dismiss.
    Once the permit is issued,
    Sherex may file a
    new motion to dismiss.
    The Board also notes that the decision deadline in this
    matter is March 31,
    1994.
    If an additional waiver of the
    decision deadline or a motion to dismiss is not received by the
    Board prior to March 21,
    1994,
    this matter will be subject to
    dismissal at the Board meeting on March 31,
    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
    ~7)~
    ~
    ,
    1994,
    by a vote of
    ~
    Dorothy M. ~n,
    Clerk
    Illinois Po~1utionControl Board

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