ILLINOIS POLLUTION CONTROL BOARD

J1~jne 21, 1990

ESG WATTS, INC.,

Petitioner,

V.

)

PCB 90—95

(Permit Appeal)

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD (by J. Marlin):

This matter Ls beffore the Board on the Illinois

Environmental Protection Agency’s (“Agency’t) Motion to Strike

filed May 29, 1990. The motion seeks to strike.”extraneous facts

and exhibits” from petitioner’s permit appeal. The Agency states

that the present appeal concerns denial o~a NPDES water

construction permit while the petitioner’s pleading contains

repeated references to an unrelated RCRA permit application which

allegedly is still pending before the Agency.

Our examination of the permit appeal filed by the petitioner

shows that the petitioner alleges that it is seeking relief from

“the decision of the

...

AGENCY, rendered March 30, 1990, denying

ESG WATTS, INC. an (sic) RCRA Part B Permit

. . .“.

A majority of

petitioner’s allegations also relate to a RCRA permit denial.

However, the denial letter attached clearly pertains to an NPDES

permit.

The permit appeal and its supporting exhibits are clearly at

odds. Because petitioner’s misplaced allegations are so

interwoven with the balance of the permit appeal we cannot

clearly determine what the true subject matter of this appeal

is. Therefore, the Board grants the Agency’s motion and strikes

paragraphs 1, 2 and 4 of the permit appeal and Exhibit #2

attached thereto. Because the status of the pleadings after

these steps are taken becomes questionable, the petitioner is

given leave to file an amended permit appeal within 30 days; that

petition will restart the statutory time period for decision.

I 2—.~13

---

—2—

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify t1~~atthe above Order was adopted on

the

~

day of

_______________

,

1990, by a vote

of

______________________

/~

/

Dorothy M. dunn, Clerk

Illinois Pollution Control Board

112—4 14