ILLINOIS POLLUTION CONTROL BOARD

July 11, 1986

FEDDERS—USA,

)

Petitioners,

V.

)

PCB 86—47

)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD

(by J. Anderson):

This matter comes before

the Board upon the June

2, 1986,

motion and June 11 supporting memorandum of

the Illinois

Environmental Protection Agency

(“Agency”)

to renew its previous

motions to dismiss and

to strike.

The Agency originally

filed

these motions on April 16, 1986.

The motion

to dismiss requests

that this action be dismissed due

to the failure of Fedders—USA

(“Fedders”)

to include a compliance plan as part of

its

petition.

The motion to strike, which the Agency asks be

considered

if the motion

to dismiss is denied,

requests that any

reference

in Fedders’ petition to modifying or clarifying

the

Board’s January 9,

1986, Order

in PCB 83—47 be stricken.

Fedders

filed

a response

in opposition on June 12, 1986.

The Agency’s motions are each denied.

This matter shall

proceed to hearing.

IT

IS SO ORDERED.

R.

Flenial dissented.

I,

Dorothy

M.

Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify t at the above Order was adopted on

the

J/-t~

day of

—

,

1986 by a vote of

.5~/.

Illi

Pollution Control Board