ILLINOIS POLLUTION CONTROL BOARD

June

8,

1989

REICUHOLD CHEMICALS,

INC.,

Petitioner,

v.

)

PCB 89—94

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

Respondent.

ORDER. OF TUE BOARD

(by B. Forcade):

On May

30,

1989,

Reichhold Chemicals,

Inc.

filed

a petition

for hearing to contest permit denial for

its batch polyester

resin plant located

in Morris,

Illinois.

On June

5,

1989,

the

Illinois Environmental Protection Agency (“Agency”)

filed

an

appearance

and motion to dismiss.

On June

7, 1989, Reichhold

Chemicals filed

a response

in opposition

to Agency appearance and

motion

to dismiss.

The Agency asserts

and Reichhold Chemicals agrees that

a

request

for reconsideration

is pending with

the Agency.

The

Agency asserts

that under Caterpillar Tractor

v.

IEPA,

PCB 83—86,

this matter must be dismissed.

The Board agrees.

The Agency’s

motion

to dismiss

is granted

and this matter

is dismissed.

IT IS

SO ORDERED

I,

Dorothy

M. Gunn, Clerk

of

the Illinois Pollution

Control

‘board,

hereby

certify

that

the

above

Ordar

was

adopted

on

the

~‘Z!

day

of

________________________,

1989,

by

a

vote

of

~,-O

.

Ill

Pollution Control Board