ILLINOIS POLLUTION CONTROL BOARD
    November 7, 1985
    ALTON PACKAGING
    CORP.,
    )
    )
    Petitioner,
    )
    )
    v.
    )
    PCB 83—49 and
    PCB 83—55
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by J.D. Dumelle):
    This matter comes before the Board upon an October 29, 1985
    motion for stay filed on behalf of the Alton Packaging Corp.
    (Alton) to which the Illinois Environmental Protection Agency
    (Agency) responded
    in opposition on November 6, 1985.
    The Board
    dismissed this matter on August 1, 1985, and denied Alton’s
    September 4, 1985 motion for reconsideration on September
    20,
    1985.
    Alton alleges that it
    is entitled to an automatic stay
    pursuant to Section 38 of the Illinois Environmental Protection
    Act and 35 Ill. Mm. Code 104.102 since its variance request was
    tiled within 20 days of theadoption of the underlying rule.
    However, those provisions only apply during the pendency of the
    variance proceeding before the Board.
    Since this action has been
    dismissed, there has been a final disposition of the petition and
    the automatic stay provision is no longer applicable.
    Alton further argues that it
    is entitled to a discretionary
    stay.
    However, to be entitled to such a stay Alton must
    demonstrate, among other things,
    that it
    is likely to succeed on
    the merits.
    For the reasons stated in its August 1 and
    September
    20, 1985, orders, the Board finds that this condition
    has not been met.
    Therefore, Alton is not entitled to a
    discretionary stay.
    Accordingly, the motion for stay is hereby denied.
    IT IS SO ORDERED.
    86-275
    I, Dorothy
    M. Gunn, Clerk
    of
    the Illinois Pollution Control
    Board, hereby certify that the above Order was adopted on
    the
    ‘7~
    day of
    ~
    1985 by
    a vote of
    7~,
    Dorothy M~Gunn,
    Clerk
    Illinois Pollution Control Board
    66~276

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