ILLINOIS POLLUTION CONTROL BOARD
    January
    25,
    1990
    IBP,
    INC.,
    Petitioner,
    v.
    )
    PCB 88—98
    (Permit Appeal)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by B. Forcade):
    On December
    28,
    1989,
    IBP,
    Inc., filed
    a Motion
    for Stay.
    On January
    11,
    1989,
    the Illinois Environmental Protection Agency
    (“Agency”)
    filed
    a Response
    to the Motion and a Motion
    to File
    Instanter.
    The motion by IBP was filed on December
    28,
    1989.
    Pursuant
    to 35
    Ill. Adm Code 101.109 and 103.140(c),
    the response
    was due
    7 days later: on January
    4,
    1990.
    The Agency filed
    its
    response on January 11,
    1990.
    The Agency attorney states that
    the reasons for the delay were the press of other business since
    January
    3,
    1990,
    and the Agency filing got mixed in with other
    mail on the attorney’s desk.
    The Agency motion to file instanter
    is denied.
    The Board has not considered the response
    in today’s
    action.
    The Board issued
    a final decision on this matter on
    September
    13,
    1989.
    On November
    15, 1989,
    in response
    to a
    motion for
    reconsideration,
    the Board reaffirmed that decision.
    On December
    19,
    1989,
    IBP filed an appeal
    in the Third
    District.
    The Board has rendered its final decision
    in this
    matter.
    The Board believes a stay should not be granted.
    Any
    motions to stay the impact of that decision should be directed
    to
    the Appellate Court.
    The motion to stay
    is denied.
    IT IS SO ORDERED
    I,
    Dorothy
    M. Gunn, Clerk of
    the Illinois Pollution Control
    Board,
    hereby cert~y that
    the above Order was adopted on ~e
    ~5~-
    day of
    _________________,
    1990,
    by a vote of
    7~
    71
    ~
    Dorothy M. Gy~nn~Clerk
    Illinois Pollution Control Board
    107—189

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