ILLINOIS POLLUTION CONTROL BOARD
December
20, 1985
BEKER INDUSTRIES CORP.,
Petitioner,
v.
)
PCB 85—146
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
ORDER OF THE BOARD
(by J.
Theodore Meyer):
The Illinois Environmental Protection Agency
(Agency)
filed
a Motion
to Dismiss this permit appeal
on October
18,
1985.
Petitioner
filed
a response
in agreement on December
19, 1985.
The permit appeal was filed
on October
2,
1985.
The Agency
states that on September 27,
1985 it reopened petitioner’s permit
application and thus,
a
final decision
is not due from the Agency
until December 26,
1985.
The Board has previously held that when
a permit application
is reopened prior
to the filing of
a permit
appeal, there
has been
no final action by the Agency for the
Board
to review under Section 40
of the Act.
Abbott Laboratories
v.
IEPA, PCB 81—33,
March
19, 1981;
Caterpiller Tractor Co.
v.
IEPA,
PCB 83—86,
October
19, 1983.
Since
that
is
the case here,
the Motion
to Dismiss
is hereby granted.
The Board
notes that
this dismissal
in no way prejudices Beker’s right
to appeal
the
Agency1s final decision on the subject permit.
IT
ES SO ORDERED.
I, Dorothy M.
Gunn, Clerk of the Illinois Pollution Control
Board,
hereby certify that the above Order was adopted on
the
~2~1Z
day of
,2~e~~42
,
1985,
by
a vote
of
________
Dorothy
M.
,~unn,
Clerk
Illinois Pollution Control Board
67~1O3