ILLINOIS POLLUTION CONTROL BOARD

September 11,

1986

ENRON CHEMICAL COMPANY,

)

)

Petitioner,

)

v.

)

PCB 86—119

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD

(by B. Forcade):

On August 26,

1986, the Illinois Environmental Protection

Agency

(“Agency”)

filed a Motion to Dismiss Enron Chemical

Company’s

(“Enron”) NPDES permit appeal stating, by affidavit,

that the Agency had not yet taken final action on EnroiYs NPDES

permit application.

On September

2,

1986,

Enron filed a response

which stated, by affidavit,

that the denial did relate to an

NPDES permit.

On September

11,

1986, the Agency filed an answer

to response, which stated,

by affidavit, that a final NPDES

permit decision had not been made.

The Motion to Dismiss

is denied.

The issue of which

determinations have been made by the Agency based on which

applications

(and which determinations are not yet final)

is

a

disputed factual matter.

It is not appropriate for Board

determination based on conflicting affidavits.

Conflicting

factual matters are more appropriately addressed at hearing.

The

parties are free to renew the issue after hearing.

IT IS SO ORDERED.

I, Dorothy M.

Gu,r~n, Clerk of the Illinois Pollution Control

Board, hereby certif~t~t-theabove Order was adopted

Ofl/

the

/‘/‘~

day of

~

,

1986, by a vote of

___________

177.

Dorothy M.

G

n, Clerk

Illinois Pollution Control Board