ILLINOIS POLLUTION CONTROL BOARD
    ~Tanuary7,
    1988
    RIVERSIDE LABORATORIES,
    INC.,
    )
    )
    Petitioner,
    )
    PCB 87—62
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    )
    ORDER OF THE BOARD
    (by 3.
    Anderson):
    On December
    9,
    1987, Riverside Laboratories moved the
    Hearing Officer
    for
    a continuance of the hearing presently
    scheduled for February 10, 1988 to May 10,
    1988.
    On December
    29,
    1987,
    the Agency filed
    a response
    in opposition accompanied by a
    motion for leave
    to file instanter, which motion is hereby
    granted.
    The Board itself
    is disposing of this motion pursuant
    to the request of the Hearing Officer.
    The pleadings assert that some but not all issues arising
    in
    this permit denial appeal are pending
    in both state court and
    federal courts:
    whether Riverside
    is
    a “paper coater”
    subject
    to
    regulations.
    Petitioner Riverside filed
    a declaratory judgment action
    against the Respondent Illinois Environmental Protection Agency
    in Kane County Circuit Court No. MR KA 86—0287 on October
    22,
    1986.
    The suit seeks
    a declaration as
    to whether
    or not
    Riverside Laboratories’
    operations constitute “paper coating”
    within the meaning of 35
    Ill.
    Adm. Code Section 215.204(c)
    thus
    subjecting
    it to compliance with Illinois regulations governing
    paper coaters.
    The Agency filed its answer to this action on
    November
    20,
    1987.
    The pleadings do not indicate that the
    Circuit Court has made
    a ruling.
    The United States Environmental Protection Agency
    (U.S.
    EPA)
    brought an enforcement action against Riverside for violations of
    the
    Clean. Air Act,
    42 U.S.C.
    Section 7401 et seq. and the
    Illinois State Implementation Program (I1li~oisSIP)
    in the
    Northern District of Illinois
    in November,
    1986.
    In May 1987,
    Riverside filed this permit appeal before the Board after
    it
    was
    denied
    a permit renewal application by the Agency.
    Riverside
    moved to stay the federal action pending the outcome of this
    Permit appeal before
    the Board or the declaratory action pending
    85—07
    —2—
    in State Court.
    No ruling has yet been made on the motion
    although it has been fully briefed.
    The basis
    for Riverside’s motion for continuance here
    is the
    pendancy of the circuit court action in Kane County.
    The motion
    is hereby denied.
    In the event that either of the other
    fora
    in
    which this action is pending resolves issues pending here prior
    to Board resolution of this appeal, the Board trusts
    it will be
    so notified by the parties.
    The February 10,
    1988 hearing shall
    proceed
    as scheduled.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby cert’
    y that the above Order was adopted ~n
    the
    .71Z
    day of
    ______________,
    1988,
    by a vote of
    c~,
    Dorothy
    M.
    96nn, Clerk
    Illinois Pollution Control Board
    85—08

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