ILLINOIS POLLUTION CONTROL BOARD

May 21,

1992

ESG WATTS,

INC.,

)

)

Petitioner,

v.

)

PCB 92—54

)

(Permit Appeal)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD

(by J. Anderson):

This matter comes before the Board on a May 14, 1992 motion to

file

the

permit

record

instanter

filed

by

the

Illinois

Environmental Protection Agency

(Agency).

This petition was filed

with the Board on April

8,

1992,

and the Agency asserts that

it

received notice of the petition on April 14,

1992.

Pursuant to 35

Ill. Adm. Code 105.102 (a) (4), the Agency record is to be filed with

the Pollution Control

Board within

14 days

“upon notice

of

the

petition”.

The permit

record was therefore due to be

filed

on

April

28,

1992.

This motion and the permit record were filed 29

days after the Agency received notice of petitioner’s appeal,

and

are 15 days late.

Because the Act requires the Board to consider the Agency

record in making its decision, the Agency’s motion to allow filing

of the Agency permit record instanter

is hereby granted.

On May 15,

1992, the Agency filed a “response to petition for

review and motion

to dismiss” the petition.

The basis

for

the

motion

is

ESG

Watts’

alleged

failure

to

comply

with

the

informational requirements of 35 Ill.

Adin. Code 105.102(a)(2).

On

May 20, 1992, ESG Watts filed an objection to the Agency’s filing.

The

Agency’s

motion

to

dismiss

is

denied.

The

petition

contains sufficient information to satisfy Section 105.102(a) (2),

and to apprise the Agency of the basis for the

appeal.

Hearing

shall be scheduled and held consistent with the Board’s Order

of

April 23,

1992.

IT IS SO ORDERED.

I

33—543

---

2

I, Dorothy M.

Gunn,

Clerk of the Illinois Pollution Control

Boar~,hereby certify that the above order was adopted on the

~/-~

day of

~?

‘~—~-i

,

1992,

by a vote of

7

- C

Dorothy M.7q&inn, Clerk

Illinois ~91lution Control Board

I

33—544