ILLINOIS POLLUTION CONTROL BOARD
    May 14,
    1987
    SCHROC1/A
    TAPPAN DIVISION,
    )
    )
    Petitioner,
    PCB 86—204
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    Respondent,.
    ORDER OF THE BOARD (by
    B.. Forcade):
    On April 27,
    1987, the Illinois
    Environmental Protection
    Agency (Agency)
    filed a motion to dismiss this proceeding,.
    The
    Agency issued an operating permit to Schrock
    in accordance with
    the Board’s decision in PCB 86—205, March
    5,
    1987, and that
    accordingly this proceeding
    is moot,.
    On May 8,
    1987, Schrock
    filed a reply
    in opposition,.
    On May 14,
    1987,
    the Agency filed
    an agreed motion for leave
    to file reply in support of motion to
    dismiss and reply brief in support of motion to dismiss,.
    The
    Board will deny the motion
    to dismiss at this time,.
    The Agency
    is free to refile that motion after a final determination by the
    Board on the motion for reconsideration
    in PCB 86—205,.
    IT
    IS SO ORDERED
    Chairman
    J,.D.. Dumelle dissented,.
    I, Dorothy
    M,. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hftreby certify that the above Order was adopted on
    the
    /~tZ
    day of
    ______________________,
    1987, by a vote
    of
    .~5•—/
    Illino
    Control Board
    78-8

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