ILLINOIS POLLUTION CONTROL BOARD
    September 20, 1985
    ILLINOIS POWER COMPANY
    )
    (1’~ood River Power Plant),
    Petitioner,
    v.
    PCB 85—84
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY
    )
    Respondent
    ORDER OF
    THE BOARD (J.D. Dumelle):
    This matter comes before the Board upon the September 6,
    1985 motion for Summary Judgment filed on behalf of Illinois
    Power Company.
    Section 40a(1) of the Environmental Protection Act states:
    a. 1. If the Agency refuses to grant or grants
    with conditions a permit under Section 39
    of this Act, the applicant may, within 35
    days, petition for a hearing before the
    Board to contest the decision of the
    Agency. The Board shall give 21 day
    notice to any person in the county where
    is located the facility in issue who has
    requested notice of enforcement
    proceedings and to each member of the
    General Assembly in whose legislative
    district that installation or property is
    located; and shall publish that 21 day
    notice in a newspaper of general
    circulation in that county. The Agency
    shall appear as respondent in such
    hearing. At such hearing the rules
    prescribed in Sections 32 and 33(a) of
    this act shall apply, and the burden of
    proof shall be on the petitioner.
    The clear import of this Section is that a hearing shall be held
    for all permit appeals. Therefore, the motion is hereby denied.
    IT IS SO ORDERED.
    85-503
    —2—
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Order was adopted on
    the
    _____________
    day of
    ~
    1985 by vote
    of
    __________.
    )‘~. /J~..•..i~ g~
    Dorothy M. Gunn,
    Clerk
    Illinois Pollution Control Board
    65-504

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