ILLINOIS POLLUTION CONTROL BOARD
    April 27,
    1989
    RIVERSIDE LABORATORIES,
    )
    Petitioner,
    )
    v.
    )
    P08 87—62
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by J.D.
    Durnelle):
    This matter comes before
    the Board upon
    an April
    12,
    1989
    motion for stay filed
    by the Respondent,
    Illinois Environmental
    Protection Agency (Agency).
    The Agency requests that the Board
    stay enforcement of
    the Board’s January
    5,
    1989 Order pending
    review of the Order by the Illinois Appellate Court.
    On April
    21,
    1989, Riverside Laboratories
    (Riverside)
    filed
    a response in
    opposition
    to the Agency’s motion.
    In support of
    its motion the Agency states as follows:
    on
    January
    5,
    1989,
    the Board adopted an Order reversing the
    Agency’s permit denial and remanding the matter back
    to the
    Agency for action consistent with
    its determination that
    Riverside
    is not subject to the papercoating regulations
    of
    35
    Ill.
    Adm.
    Code 215.204(c).
    On April
    6,
    1989,
    the Illinois
    Attorney General’s Office on behalf of the People
    of the State
    of
    Illinois,
    filed with the Illinois Appellate Court
    a Petition for
    Review of
    the Board’s January
    5 Order.
    Pursuant
    to the January
    5
    Order, Riverside has the
    right to submit an amended
    application
    and/or supplemental information
    for review by the Agency.
    Upon
    receipt of Riverside’s amended application or
    supplemental
    information,
    the Agency would have
    90 days within which to
    respond
    to Riverside’s application.
    The Agency argues that a
    decision will not be
    reached
    by the Appellate Court prior
    to the
    Agencys
    90 day review period.
    Thus the Agency requests the Stay.
    In opposition,
    Riverside states that
    it has acceded to
    an
    Agency request
    that
    it defer
    submitting any additional
    information,
    or otherwise submitting
    a permit application,
    to the
    Agency
    for
    the purpose of obtaining
    a renewal permit pending
    the
    Agency’s appeal.
    The Agency and Riverside have agreed that
    during
    the pcndency
    o
    the appeal,
    Riverside will
    be expected
    to
    abide
    by the terms and conditions of
    its previous operating
    permit.
    Riverside submitted copies
    of
    the Agency’s written
    request and Riverside’s response
    as exhibits.
    The Agency’s
    98—215
    —2—
    request
    is dated April
    10,
    1989.
    Riverside’s written response
    is
    dated April
    20,
    1989.
    Therefore, Riverside argues that as this
    is the sole basis on which the Agency seeks entry of
    a stay,
    the
    Board should deny the motion.
    As Riverside’s April
    20 letter agreeing
    to
    the Agency’s
    request
    of April 10 satisfies the Agency’s concerns articulated
    in its motion, the Board sees no reason to grant
    the stay.
    The
    Agency’s motion
    is therefore denied.
    IT
    IS SO ORDERED.
    I,
    Dorothy
    M. Gunn, Clerk of
    the Illinois Pollution Control
    Board, hereby
    c rtify
    that t~ ab,pve Order was adopted
    on
    the
    ______________
    day of
    ~
    ,
    1989 by
    a vote
    of
    7-)
    .
    ~/
    ~
    /
    //
    ~—~
    ,~.
    Dorothy M./ç~inn, Clerk
    Illinois P-oflution Control Board
    9F~—216

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