ILLINOIS POLLUTION CONTROL BOARD
April
25,
1991
NATIONAL STEEL CORPORATION
GRANITE CITY STEEL DIVISION,
)
)
Petitioner,
v.
)
PCB 90—114
(Permit Appeal)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
Respondent.
ORDER OF
THE
BOARD
(by
J.
C. Marlin):
This matter
is before the Board on a Motion for Summary
Judgment filed by the Illinois Environmental Protection Agency
(“Agency~)on April
1,
1991.
The motion requests the Board to
grant summary judgment against National Steel Corporation,
Granite City Steel Division on their appeal of permit conditions
contained in permit
#88070071 dated January
30,
1990.
The Agency
submits the Permit Record
in support
of its motion.
Granite City
Steel Division filed
a Memorandum of Law
in Opposition
to Motion
for Summary Judgment on April
12,
1991.
The motion was
accompanied by a motion to file instanter.
That motion
is
granted.
In order
for
the Agency to prevail on its motion
it must
show that no issues of material fact exist
in
its permit appeal
such that
it
is entitled
to judgment in its favor
as
a matter
of
law.
In an appeal of permit conditions
it
is
the burden of the
petitioner
to demonstrate that the conditions imposed
by the
Agency are not necessary
to accomplish the purposes
of
the Act
and are not consistent with the regulations promulgated by the
Board thereunder.
Ill. Rev.
Stat.
1989,
ch. l1l~,par.
1039.
To
comply with its statutory
burden
of proof
the petitioner must
file a petition with the Board which contains:
A)
Citation of the particular standards under
which a permit
is sought;
B)
A complete and precise description of the
facility,
equipment, vehicle,
vessel
or
aircraft for which
a permit is sought,
including its location;
121—575
—2—
C)
A complete description of contaminant
emissions and of proposed methods for
their control; and
D)
Such other materials as may be necessary
to demonstrate that the activity for which
the permit
is sought will not cause a
vIolation of the Act or the
regulation.
35
Ill. Adm. Code
105.102
(a)(2)
In essence,
the Agency motion claims that the petitioner has
failed to submit sufficient information in its permit appeal
to
meet this burden.
We agree.
The permit appeal filed by Granite City Steel Division
contains no information describing the contaminant emission at
issue
in this appeal and of its proposed methods for control.
No
additional information was submitted to demonstrate that the
activity for which the permit
is sought, will not cause a
violation of the Act or Board regulations.
Rather,
the
petitioner conclusorily states that the special conditions are
“arbitrary, unreasonable, capricious”,
“unlawful”
“unduly
burdensome”
and “violate constitutional protections”.
The petition
is insufficient
to raise a question that
the
conditions imposed are not necessary to accomplish
the purposes
of the Act and are not consistent with the regulations
promulgated by the Board thereunder.
We do not believe, however,
that summary judgment
is the appropriate remedy at this stage of
the proceeding.
Moreover, Petitioner’s Memorandum
of Law also
indicates that substantial questions exist concerning the
propriety of grant of the Agency’s motion.
Therefore, we grant
petitioner
14 days from the date of this Order
to file an amended
petition with the Board,
to be received by the Clerk of
the Board
no later than 4:30 p.m., May
9,
1991.
Filing of an amended
petition restarts the timeframe in which the Board must reach
its
decision
in this matter.
IT
IS SO ORDERED.
J. Anderson and J.
D. Dumelle concurred.
12
1—576
—3—
I,
Dorothy M. Gunn, Clerk
of the IlliflOis Pollution Control
Board,. hereby certify that t~ieabove Order was adopted on
the ~
~-
day of
IL
~
,
1991, by a vote of
7o
~
Dorothy
14.
Gu”nn,
Clerk
Illinois Pol’~utionControl Board
12 1—577