ILLINOIS POLLUTION CONTROL BOARD
    January
    5,
    1989
    RIVERSIDE LABORATORIES,
    INC.,
    )
    Petitioner,
    )
    v.
    )
    PCB
    87-62
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    )
    MS. SUSAN FRANZETTI
    AND
    MR. JAMES 3.
    DENAPOL1, APPEARED ON BEHALF OF
    PETITIONER, RIVERSIDE LABORATORIES,
    INC.;
    MS. DIANE ROSENFELD LOPATA AND MR. JOSEPH PODLEWSKI APPEARED ON BEHALF
    OF
    RESPONDENT,
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY.
    ORDER
    OF THE BOARD (by 3.0.
    Durneile):
    This matter comes before the
    Board upon Petitioner’s May 7, 1987,
    filing
    of
    a Permit Appeal.
    Respondent,
    Illinois Environmental Protection Agency
    (Agency), denied
    Petitioner’s
    request for an operating permit
    renewal
    on April
    3,
    1987 and Petitioner has challenged that denial
    pursuant to
    35
    Ill.
    Adm.
    Code 105.102.
    Today, the Board
    issues only its Order;
    a complete Opinion will
    issue shortly.
    Based upon
    a
    review of the record and the regulations at
    issue, and the
    Board’s finding that Petitioner, Riverside Laboratories,
    Inc.,
    is not subject
    to the paper coating regulation set forth
    at
    35
    Ill.
    Adrn. Code 215.204(c), the
    Agency
    determination that Riverside
    is subject
    to the paper coating
    regulations
    (215.204(c))
    is
    reversed.
    The Board does not,
    in this proceeding, make
    a finding concerning the
    applicability of any other regulations
    to this Petition particularly as this
    issue was not fully aired;
    this would
    be the province of some futjre action.
    Likewise the Board does not order the Agency to issue the desired permit.
    The Board
    renands this action to the Agency
    for review consistent with
    the Board’s holding that Riverside
    is not subject
    to
    35
    111.
    Adm.
    Code
    215.204(c).
    During such review Riverside shall
    be afforded the opportunity to
    amend
    its application or
    submit additional
    information.
    IT
    IS
    SO ORDERED.
    Board Members B. Forcade
    and J.Theodore Meyer dissented.
    95—17
    —2—
    I, Dorothy M. Gunn, Clerk of the
    Illinois Pollution Control
    Board, hereby
    certify that the above Order was
    adopted
    on the
    $“t2~
    day
    of
    ~
    1989 by
    a vote of
    _________________
    ,
    Clerk
    Dorothy
    Illinois Pollution Control
    Board
    .5—18

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