ILLINOIS POLLUTION CONTROL BOARD
    November 19, 1992
    MOTOR WHEEL CORPORATION,
    )
    Petitioner,
    )
    v.
    )
    PCB 92—140
    )
    (Permit Appeal)
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD (by B. Forcade):
    This matter comes before the Board on a Motion to Stay filed
    on September 30, 1992 by Motor Wheel Corp. (NWC). The Board
    extended the time for the Illinois Environmental Protection
    Agency (Agency) to reply to this motion because the Board
    inadvertently overlooked the motion in its October 1, 1992 order.
    The Agency has not filed a response to the motion.
    MWC is appealing the Agency’s disapproval of a closure plan
    modification for two hazardous waste container storage areas at
    its plant in Mendota, Illinois. The Agency approved MWC’s
    original closure plan with conditions and limitations on August
    1, 1991. On June 2, 1992, MWC submitted a closure plan
    modification which the Agency denied on August 27, 1992. In the
    motion to stay, MWC requests a stay of all the conditions set
    forth in the Agency’s August 27, 1992 letter of denial and the
    requirements of 35 Ill. Adm. Code Part 725 until the resolution
    of the permit review proceeding.
    According to the Board’s regulations, “if an appeal is
    filed, the effective date of the permit and all conditions are
    stayed until the appeal is concluded or the Board orders
    otherwise.” (35 Ill. Adm. Code 705.204(b).) During a
    modification proceeding, the applicant must comply with the
    existing permit. (35 Ill. Adm. Code 705.204(c).)
    Because the Agency has presented no opposition to the motion
    to stay, the motion is granted in part. MWC is granted a stay of
    all the conditions set forth in the Agency’s August 27, 1992
    letter of denial.
    MWC has also requested a stay of all the requirements of 35
    Ill.
    Adxn.
    Code Part 725 until the resolution of the permit review
    proceeding. The Board denies the motion to stay the provisions
    of Part 725. The Board is concerned over the Agency’s
    determination not to reply to the motion to stay all the
    provisions of Part 725. The Board believes that it would be
    inappropriate to grant a stay of all the hazardous waste
    provisions of Part 725 without any comment on whether a stay in
    0137-0201
    such a situation is proper.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Bo~r~,hereby certf that the above order was adopted on the
    ‘/-~
    day of
    ~
    ,
    1992, by a vote of
    7 ~
    L
    0137-0202
    Illinois
    Control Board

    Back to top