ILLINOIS POLLUTION CONTROL BOARD
    February 26, 1986
    INTERSTATE POLLUTION
    )
    CONTROL,
    INC.,
    )
    )
    Petitioner,
    )
    PCB 86-19
    )
    v.
    )
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    )
    ORDER OF THE BOARD
    (by J
    Anderson):
    Currently pending in this matter are Agency motions
    of
    February 10, 1986 to dismiss
    that portion of the petition
    challenging
    a December 27 permit denial letter, and to strike
    a
    portion
    of the petition, and IPC motions
    of February
    3,
    1986 to
    consolidate this petition with PCB 85-155 and for a stay of the
    effect
    of the permit denials
    (a temporary stay entered February
    6
    expires
    today).
    The Agency motion of February 21 and the IPC
    motion of February 25 to file instanter replies to earlier
    pleadings are granted.
    The motion to dismiss contains threshold issues, disposition
    of which may moot the other motions.
    IPC urges application by
    the
    Board of the so-called
    “mailbox rule”
    contained in Supreme
    Court Rule
    373,
    but has not provided
    a certificate or affidavit
    of mailing as
    contemplated by that rule.
    The Board declines to
    rule on service issues absent description and verification
    of the
    facts
    of
    service.
    IPC shall provide
    a certificate or affidavit
    to
    be received by the Agency and the Board on or before March
    5.
    The Agency may file
    a response,
    to be received by the Board
    on or before March
    12,
    to allow for disposition of all pending
    motions
    at the
    Board’s March 14 meeting.
    In the interim,
    the Board will grant
    an extension of the
    previous temporary stay through March
    14.
    The Board believes
    that continued short term maintenance of the status quo is not
    inappropriate;
    the Agency’s opposition to the motion for stay
    does not assert harm to the environment, focusing instead on
    IPC’s likelihood of success on the merits and allegations
    of
    economic harm.
    Finally,
    in the context
    of the motion to consolidate,
    the
    Board notes
    that hearing
    in PCB 85-155 is scheduled to commence
    tomorrow,
    February 27.
    The motion to consolidate is denied.
    IT
    IS SO ORDERED.
    -2-
    I,
    Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify
    th~t
    the above Order was adopted on
    the~~?
    day of
    _____________________,
    1986,
    by a vote
    of
    1—O
    .
    ~
    Dorothy
    M. Gunn, Clerk
    Illinois Pollution Control Board

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