ILLINOIS POLLUTION CONTROL BOARD
    October
    11,
    1990
    CARGILL,
    INC.
    Petitioner,
    v.
    )
    PCB 87—89
    (Permit Appeal)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY and
    )
    VILLAGE OF CARPENTERSVILLE,
    )
    Respondents.
    ORDER OF THE BOARD
    (by JC.
    Marlin):
    By Order of May 24,
    1990, the Board directed the parties
    to
    file statements on or before June 15,
    1990 indicating their views
    as
    to how proceedings on remand of
    this case should best proceed
    consistent with the May 9,
    1990 mandate of
    the Second District
    Appellate Court.
    Village of Carpentersville
    v.
    IEPA,
    and
    Cargill,
    Inc.,
    176 Ill.
    App.
    3d 668,
    531 N.E.2d 400
    (2d Dist.
    1988), affd.
    _______
    Ill. 2d_____
    ,
    _______N.E.2d______(No.
    68074,
    March
    29,
    1990).
    In that Order,
    the Board was directed to
    determine whether
    a permit condition requiring a 100—foot
    stack
    was necessary for the operation of Cargill’s incinerator
    to be
    in
    compliance with the Act and Board regulations.
    The Village,
    in its June 13 filing requested that the matter
    proceed to
    hearing.
    Cargill,
    in its June
    14 filing, and the
    Agency,
    in its June 15 filing, each request that the parties be
    given an additional
    45 days
    in which to negotiate, consider, and
    potentially settle this matter.
    The Board granted an extension
    of time,
    first by Order of June
    21 and second by Order
    of August
    30.
    On September
    7,
    the Agency moved the Board to remand
    the
    permit back to the Agency.
    On September 11,
    the Agency issued a
    revised permit which deletes the 100—foot stack requirement.
    On
    September 13,
    the Village filed a response
    in opposition to the
    Agency’s
    remand motion,
    again requesting that the matter be set
    for hearing.
    On October
    9,
    the Agency and Cargill each filed
    statements providing copies
    of the revised permit.
    Cargill’s
    statement additionally asserts that with the deletion of the
    stack height condition there are no remaining matters at
    issue
    in
    the case.
    The Board finds
    that under these circumstances,
    there
    is no
    115—2 55
    —2—
    case or controversy existing between Cargill and the Agency over
    which the Board can take jurisdiction.
    As there is no right of
    third party appeal of air permits under the Act, the Village
    lacks standing to press any issue.
    Accordingly, this case
    is
    dismissed and the docket
    is closed.
    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 //tZ~ day of
    _______________,
    1990,
    by a vote of C0
    I
    Dorothy M.//~unn,Cl”erk
    Illinois ‘~,óllutionControl Board
    115—2 56

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