ILLINOIS POLLUTION CONTROL
    BOARD
    September
    13,
    1990
    CITY OF NONMOUTH,
    )
    Petitioner,
    v.
    )
    PCB 90—147
    (Permit appeal)
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by H. Nardulli):
    This matter
    comes
    before the Board
    on a motion to dismiss
    permit
    appeal
    filed
    August
    16,
    1990
    by
    respondent
    Illinois
    Environmental Protection Agency (Agency).
    Petitioner has not filed
    a response to the Agency’s motion.
    The Agency states that this permit appeal should be dismissed
    as being untimely filed.
    Although the Agency states that permit
    appeals must
    be filed within
    30 days,
    it
    is clear that
    a permit
    appeal must be filed with the Board no later than
    35
    days from the
    date of the Agency’s permit decision.
    (Ill. Rev.
    Stat.
    1989,
    ch.
    111 1/2,
    par.
    1041(a) (1);
    35
    Ill. Adm.
    Code 105.102(b)(4).)
    The
    Agency’s
    final
    permit
    decision
    in
    this
    case
    was
    mailed
    to
    petitioner on July 2, 1990 so that the permit appeal was due to be
    filed with the Board
    no later than August
    6,
    1990.
    Petitioner’s
    permit appeal was timely filed with the Board on August
    6,
    1990.
    Therefore,
    the motion to dismiss is denied.
    The
    Board
    also
    notes
    that
    it
    received
    a
    letter
    from the
    hearing officer stating that it is his impression that petitioner’s
    letter of August
    6,
    1990 was not intended as a permit appeal but
    rather
    that petitioner
    is
    seeking Agency reconsideration
    of
    the
    imposition of a condition in the permit.
    However, petitioner did
    pay
    the
    filing
    fee
    required
    by
    the
    Board
    in
    permit
    appeals.
    Because
    the
    Board
    would
    not
    have
    jurisdiction
    to
    review
    the
    Agency’s
    permit decision while
    a motion
    for reconsideration
    is
    pending before the Agency
    in this
    matter,
    petitioner
    is
    hereby
    directed to file a response
    to. this Order with the Board no later
    than September 24,
    1990 with proper service on the Agency stating
    whether it intended its August
    6, 1990 letter to be a permit appeal
    to the Board or a motion for reconsideration to the Agency.
    Lastly,
    if
    it
    is
    petitioner’s
    intent
    to
    proceed with
    thi.s
    permit appeal before the Board,
    the Board finds that petitioner’s
    petition contains insufficient information.
    Should petitioner seek
    to go forward with this permit appeal rather than seeking Agency
    reconsideration,
    petitioner
    is directed to file an amended permit
    appeal in accordance with 35 Ill Adm. Code 105.102(a) (2) which sets
    forth the information to be included in a permit appeal.
    The Board
    115—23
    2
    notes
    that
    the
    statutory
    time period
    for
    the Board’s
    decision
    deadline would begin again upon the filing of the amended petition.
    Petitioner’s
    amended petition
    shall
    be
    filed with
    the Board
    no
    later than 45 days
    from the date of this order or this matter
    is
    subject to dismissal.
    IT IS SO ORDERED.
    I,
    Dorothy N.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby cer~ify~thatthe above Order was adopted on the
    /~~-
    day of
    .~‘Cic/~’~~
    ,
    1990, by a vote of
    7~
    ~/:~Y/2/
    Dorothy N./~,Cunn, Clerk
    Illinois Pollution Control Board
    115—24

    Back to top