ILLINOIS POLLUTION CONTROL
    BOARD
    October 1,
    1992
    DOUGLAS
    FURNITURE
    OF
    )
    CALIFORNIA,
    INC.
    )
    Petitioner,
    )
    PCB
    9~—56
    v.
    )
    (Permit
    Appeal)
    )
    ILLINOIS
    ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE
    BOARD
    (by J. Anderson):
    OnSeptember 22,
    1992, Douglas Furniture of California,
    Inc.,
    (Douglas) filed a motion asking the Board to dismiss its
    permit appeal without prejudice and with leave to reinstate the
    appeal within 45 days in the event the Illinois Environmental
    Protection Agency
    (Agency)
    fails to issue a corrected permit or
    places objectionable conditions in such permit.
    The Agency has
    not yet filed a response to Douglas’ motion.
    In support of its motion,
    Douglas states that,
    on March 27,
    1992,
    it appealed the Agency’s denial of its reapplication of an
    air operating permit for its wood furniture coating line.
    On
    July 21,
    1992, the Agency issued a construction and operating
    permit contingent on dismissal of the permit appeal.
    Because the
    contingent permit contains typographical and other errors, the
    Agency has advised Douglas that it intends to issue a corrected
    permit in approximately one month.
    Douglas,
    however, will not
    have an opportunity to review the corrected permit prior to the
    completion of discovery (October 1,
    1992)
    or the hearing in this
    matter (October 13,
    1992).
    Douglas argues that it would be a
    waste of the Board’s and the parties’ time and resources to
    prepare for a hearing which may be rendered moot.
    The Board hereby denies Douglas’ motion.
    The Board
    questions the Agency’s power to deny a permit on the basis that
    the petitioner failed to dismiss a permit appeal.
    (See Reichhold
    Chemical.
    Inc.
    V. IPCB (3rd Dist.
    1990), 204 Il.App.3d.
    561
    N.E.2d 1343.)
    The Board is also reluctant to dismiss a permit
    appeal without prejudice and grant leave to reinstate the appeal
    when it considers the 35 day deadline for filing permit appeals
    that is found in Section 40(a) (1) of the Environmental Protection
    Act.
    (Ill.Rev.Stat.
    1991,
    ch. 111½, par.
    1040(a) (1).)
    Eowever,
    in order to save the Board’s and parties’ resources and time,
    and
    in order to protect Douglas’ appeal rights in the event that the
    Agency fails to issue a corrected permit, the Board grants a 45
    day stay in this case.
    Any
    request for an additional stay must
    0136-0211
    2
    be
    accompanied
    by
    a
    corresponding waiver of the Board’s statutory
    decision
    deadline.
    In
    the
    event
    that
    the Agency places
    objectionable
    conditions
    on
    the
    corrected
    permit,
    we
    note
    that
    Douglas can file a permit appeal after the Agency issues that
    permit.
    (See Reichhcj~.)
    IT
    IS
    SO
    ORDERED.
    Board Member B. Forcade abstained.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board
    hereby certify that the above order was adopted on the
    _______
    day of
    _________________,
    1992, by a vote of
    0136-0212
    Illinois
    Control Board

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