ILLINOIS POLLUTION CONTROL BOARD
    April 8, 1993
    CHEMICAL WASTE MANAGEMENT, INC.,
    Petitioner,
    v.
    )
    PCB 93—34
    )
    (Permit Appeal)
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD (by G. T. Girard):
    On February 19, 1993, Chemical Waste Management (CWM) filed
    this RCRA permit appeal. On March 5, 1993, the Board received a
    “Motion to Dismiss” filed by the respondent and a “Motion for
    Clarification of Permit Conditions and to Consolidate with Case
    No. 93-35” filed by petitioner. The Board has not received
    responses on either motion.
    The CWM motion asks that the Board enter an order
    “clarifying that all conditions in the RCRA permit modification
    dated January 21, 1993, became effective as of February 21, 1993,
    with the exception of V.c.D 12”. (CWM mot. at 1.) CWN further
    states that it has “no objection to the operating conditions
    themselves. It CWN solely objects to Condition V.c.D.12”.
    (CWM mot. at 3.) Condition V.c.D.l2 provides:
    12. Blank. (IEPA, pending further discussions with the
    Permittee ~CWM), will issue condition #12 and others if
    necessary by the effective date of the permit. This
    condition shall address the actions to be taken by the
    Permittee, and the authority of the Agency to respond,
    to operating conditions exceedances.)
    (Ag. mot. at 2.)
    The Agency’s motion to dismiss states that the effective
    date of the modification was February 21, 1993. (Ag. mot. at 2.)
    Further, the Agency states that:
    As of Friday, February 19, 1993, the parties were
    unable to reach agreement on the enforcement authority
    language to be inserted. Ultimately, the Agency failed
    to insert any language for the “blank” condition
    within the 30 days specified in the “blank” condition.
    (Ag. mot. at 2.)
    Thus, the Agency argues that it believes it is inappropriate to
    O1~1-0125
    2
    proceed with an appeal of the “blank” condition because it no
    longer has any applicability; the opportunity to insert language
    has closed. (Ag. mot. at 3.)
    The Board finds that there is no issue left in this
    proceeding to resolve. Both parties agree that the permit
    modification was effective on February 21, 1993. Further, the
    sole condition appealed to the Board is a blank provision
    containing no substantive language. Therefore, the Board grants
    in part the motion to clarify by holding that the RCRA permit
    modification was in effect as of February 21, 1993 and the Board
    grants the motion to dismiss. As this proceeding is dismissed,
    the Board denies the motion to consolidate.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS
    5/41) provides for the appeal of final Board orders within 35
    days. The Rules of the Supreme Court of Illinois establish
    filing requirements. (But see also, 35 Ill. Adm. Code 101.246,
    Motions for Reconsideration, and Casteneda v. Illinois Human
    Rights Commission (1989), 132 Ill. 2d 304, 547 N.E.2d 437; Strube
    v. Illinois Pollution Control Board, No. 3—92—0468, slip op. at
    4—5 (3d Dist. March 15, 1993).)
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board hereby certify that t~heabove order was adopted on the
    _______
    day of (.~-~-‘~c~
    ,
    1993, by a vote of ~
    LI
    Dorothy M.
    Illinois
    Control Board
    01 ~
    1-0126

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