ILLINOIS POLLUTION CONTROL BOARD
    August 1, 1985
    VILLAGE OF GILBERTS,
    )
    Petitioner,
    V.
    )
    PCB
    85—96
    fiOLIDAY PARK CORPORATION,
    )
    Respondent.
    ORDER OF THE BOARD (by J. Anderson):
    This petition, filed by the Village of Gilberts July 2,
    1985, requests that the Board “review and rescind... aJ decision
    of the IEPA amending the Water Quality Managementi Plan an~1
    granting Holiday Park Corp.J a point source discharge to Tyler
    Creek.” (Pet. p. 8). Motions to dismiss for lack of subject
    matter jurisdiction were filed by Holiday on July 16, and by th’~
    Agency on July 17, 1985.
    A threshold issue in this matter is whether or not the
    Agency has taken action to issue or deny an NPDES permit. The
    Agency asserts that it did not (Agency motion, P. 2). The
    village’s petition is unclear as to whether the Agency took any
    action on the draft permit which was the subject of discussion at:.
    the hearings on September 18 and October 3, 1984 (Pet. p. 5),
    although the Village’s response indicates the Agency did (Villayr’
    Response, p. 1). As none of the pleadings before the Board are
    verified, the Board cannot make the factual finding necessary for
    its rulings on the motions to dismiss. Therefore, on or before
    August 12, 1984, the parties are directed to make filings,
    supported by affidavit, correcting this deficiency. The Village
    should provide a copy of the NPDES permit which is the subject of
    its appeal, if available; if not, the Village should give the
    number of the permit, and the date of its issuance or denial.
    The Agency and Holiday should submit a copy of any issued NPDES
    permit or letter denying one, or a statement that no action was
    taken on an NPDES permit. Upon receipt of this verified
    information, the Board will take action upon the motions to
    dismiss.
    65-177
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Order was adopted on
    the
    /4~~
    day of _______________________, 1985, by a vote
    of
    ~-
    0
    .
    ~
    ~
    Dorothy M. Gu n, Clerk
    Illinois Pollution Control Board
    65-178

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