ILLINOIS POLLUTION CONTROL BOARD
June 5,
1986
NESCO STEEL BARREL
)
COMPANY,
Petitioner,
v.
)
PCB 84—81
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
ORDER OF THE BOARD
(by
3.
Anderson):
On May 23,
1986,
the Board
received the Agency’s May 21
motion
to dismiss Nesco’s May
12 amended petition on the grounds
that the petition did not contain
an adequate compliance plan.
However,
on May 22,
the Board
on its own motion issued
a “more
information” Order
addressing the compliance
plan issue
and
requiring Nesco
to file an amended petition.
Nesco
filed
a
response
in opposition to
the Agency’s motion on May
30,
1986.
In light of the Board’s May 22 Order,
the Agency’s motion
is
denied
as moot.
The Board does not construe Nesco’s May 30
filing as responsive
to the May 22
Order,
and continues
to
anticipate
that Nesco will
file an amended petition
as the Order
directs.
Finally,
the Agency is free to renew
its motion upon
Nesco’s filing
of
a third amended petition.
IT
IS SO ORDERED.
I,
Dorothy
M.
Gunn, Clerk of
the Illinois Pollution Control
Board,
hereby cert~-~ythat the above Order was adopted
on
the
~
day of
‘,~—~_~-
,
1986,
by
a vote of
7-0
Ill
Control Board
70.88