ILLINOIS POLLUTION CONTROL BOARD

January 11, 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 B. Forcade):

On January 4, 1990, Rester Solder Division of Litton

(“Rester”) filed a Petition for Review of Permit Denial, and a

Motion to Practice (Certified Mail filing appears to have been

initiated on December 22; 1989, and Federal Express mailing

appears to have been initiated on January 3, 1990). The motion

for Mark V. Stanga to practice is granted Pro Hac Vice. The

permit appeal is conditionally accepted, but the Board finds the

petition deficient and will require filing of an amended

petition. In addition the Board will ask for briefs on one

issue.

The petition is deficient in that it fails to satisfy the

requirements of 35 Ill. Adm. Code 105.102 (a)(2)(B), which

requires:

A complete and precise description of the

facility ...iricluding its location.

Unless an amended petition is filed within 45 days of today’s

Order curing the above noted defects, this matter will be subject

to dismissal. Any such amended petition will restart the

statutory deadline for decision. Also, a copy of the permit

denial letter(s) would greatly assist the initial docketing.

On one additional matter, the Board notes that this appeal

appears to consolidate two permit appeals (Operating Permit No.

86040022 and Joint Construction and Operating Permit No.

89080063). Consolidated permit appeals are quite unusual and

before accepting such consolidated appeal the Board Orders that

memoranda be filed on whether such consolidation is necessary and

appropriate, i.e., are there such common questions of law and

fact as to require consolidation. Obviously, Rester is free to

file the appeals separately if such commonality does not exist.

These memoranda must be filed with the Board not later than

February 2, 1990.

107—107

---

IT IS SO ORDERED

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

Board, hereby certi that the above Order was adopted on the

//~

day of

___________________,

1990, by a vote of

7~2

~

~‘

Dorothy M. G,~nn, Clerk’

Illinois Po~,1ution Control Board

107—108