ILLINOIS POLLUTION CONTROL BOARD

February 8, 1990

RESTER SOLDER DIVISION OF

)

LITTON SYSTEMS, INC.,

Petitioner,

v.

)

PCB 90-2

(Permit Appeal)

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD (by J. Anderson):

On January 12, 1990. the Agency moved to dismiss this permit

appeal; Rester has filed no response. The Agency moved to

dismiss on the grounds that, prior to the filing of this permit

appeal, Rester had requested the Agency to reconsider its permit

denial. The Agency notes that in similar situations, e.g.

Caterpillar Tractor Co. v. IEPA, PCB 83—86, October 19, 1983, the

Board has held that where the permittee has requested Agency

reconsideration of a denial, and the request is still pending,

there is no final Agency action over which the Board can take

jurisdiction.

The Board agrees with the Agency’s analysis. This matter is

dismissed.

IT IS SO ORDERED.

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

Board hereby certify. that the above Order was adopted on

the

_____

day of

~

,

1990, by a vote of 7— ~

~1

1

~Dorothy M.~,Gunn, Clerk

Illinois P~llution Control Board

108—65