ILLINOIS POLLUTION CONTROL BOARD

August 31, 1989

IBP,

INC.,

)

Petitioner,

)

PCB 89—128

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD (by J.

Anderson):

On August

21, 1989,

the Illinois Environmental Protection

Agency (Agency) filed a Motion to Dismiss and a Motion for

Extension of Time to file the permit appeal record. IBP, Inc.

(IBP) filed a Response to the Agency’s Motion to Dismiss on

August 25, 1989.

The Agency requests that the Board dismiss IBP’s permit

appeal because the time to appeal has elapsed or, in the

alternative, because the Agency did not make a final decision in

this matter and therefore the issue is not ripe for appeal. The

Agency also requests an extension of time in which to file the

permit record until the Board rules on the motion to dismiss.

According to the Agency, granting this extension could prevent

the needless expenditure of State resources.

In response, IBP requests that the Board deny the Agency’s

Motion to Dismiss or, in the alternative, that the Board hold

hearings upon the factual assertions made by the Agency in its

motion prior to the Board’s decision. IBP asserts that the

Agency’s motion states facts which are not verified in accordance

with 35 Ill. Adm. Code 101.242(a).

While hearings on these filings are not necessary, the Board

hereby orders the parties to verify any factual assertions made

by these filings through the submission of affidavits, to the

extent that such affidavits have not already been provided to the

Board. Additionally, the parties shall address Caterpillar

Tractor Co. v. Illinois Environmental Protection Agency, PCB 83—

86

(October 19, 1983), discussing that case’s relevance to the

situation at hand. See also, Reichold Chemicals, Inc. v.

Illinois Environmental Protection Agency, PCB 89—94 (June 8,

1989) (permit appeal dismissed due to request for reconsideration

of permit pending before the Agency). Responses to this Order

shall be filed with the Board by September 21, 1989.

The Agency’s Motion for Extension of Time to file the permit

appeal record is hereby granted.

102—255

---

2

Additionally, IBP’s August 25, 1989 motion to amend its

petition is granted.

IT IS SO ORDERED.

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

Board, hereby certify t~atthe above Order was adopted on

the

3~/52_

day of

_______________

,

1989, by a vote

of

Ci

s Pollution Control Board

102—2 56