ILLINOIS POLLUTION CONTROL BOARD

May

10,

1990

THE GRIGOLEIT

COMPANY,

Petitioner,

v.

)

PCB 89—184

(Permit AoDeal)

ILLINOIS ENVIRONMENTAL

PROTECTION

AGENCY,

Respondent.

ORDER OF THE BOARD

(by

J.

Marlin):

By Order

of March

22,

1990,

the Board denied Grigoleit’s

motion for

summary judgment.

That motion was premised on

the

argument

that

the

90 day decision period

for Agency permit

action,

as

required by Section

39

of

the Act,

begins

on

the day

an application

is mailed

to

the Agency,

rather

than on the day an

application

is

received by

the Agency.

On April

12,

1990

Grigoleit

filed a motion for reconsideration or,

in

the

alternative,

for leave to

file an interlocutory appeal.

The

Agency filed

a response in opposition on April

25,

1990.

Grigoleit’s alternative motions are hereby denied.

In

its

March

22 Order,

the Board cited its decision in

Interstate

Pollution Control

Inc.

v.

IEPA,

PCB 86—19, March

27,

1986, which

adopted

a

limited “mailbox

rule”.

That

rule provides that

initial pleadings pursuant

to Sections

38,

39,

40,

40.1 and

41

of

the Act are deemed timely filed when mailed,

but

that

decision

deadlines should be calculated

from the time of

receipt.

As

the

Agency notes

in its response to Grigoleit’s motions,

the Illinois

Supreme Court d~anot disturb that

interpretation

~n ~.tsrevie~

of M.I.G.

Investments,

Inc.

v.

IEPA,

122

Ill.

2d

392,

523

N.E.

2d

1(1988).

The Board accordingly sees

no reason for

reconsideration or certification of

the

issue

for

interlocutory

appeal.

IT

IS SO

ORDERED.

Ii 1—135

---

I,

Dorothy

M.

Gunn,

Clerk of

the Illinois Pollution Control

Board, hereby certify that

the above Order was adopted on~

the

/~c’~-’day

of

_______________

,

1990,

by a vote of

/~c.

~.

Dorothy M. Gpnn, Clerk

Illinois Pol’lution Control Board

I

I I—3 2(~