ILLINOIS POL1.UTION
CONTROL BOARD
March
7,
1985
C;tERPILLAR
TRACTOR COM~~,
Californi;
coipor:~tion,
)
(hapleton Plant),
Petiticner,
)
PCB
83—58
)
ILLINOIS
ENVIA(tT): ~ThL
)
PROTECTION ACEh~.
)
ORDER OF TUE DOARC
(by
3
D
Dunia
ilL)
This
matter nunes before
the Board
on
an April
26, 1983,
p~rmitappeal fiet Dy
Caterpillar Tractor Company
(“Cateipilln~’)
The
permit
appeel
challenged
the Illinois
Environmental Pro~ectionAgency
(“Agency”) March 22, 1983,denial
of opcuating permits for
Caterpillar’s Boilers No.
1, No.
2 and
No,
3
at
the Mapleton
plant.
ifl
a
January
14,
1985,
document
entitled ~Settlement
Stipulation4”
Caterpillar and the Agency
moved
the
Board
to
remand
the present permit appeal back
to the
Agency for reconsideration.
On
February
7,
1985,
the Board
req~stedbriefs on
several
issues including jurisdiction timing,
reinstitution,
and other maLters.
On March
1,
1985, the parties
filed a Joint
Drief
in r~spona~
to
the Order.
That Brief recites
the
partte~intention that any Board
Order
constitute
~final
act~ouby th~
Boatd”
.~nd“final
idministr~tive
autiun~
and
chut
“thc•te
will
no
longer
be
a
proceeding
b~furetoe
Board
to
support.
surject
matter
jurisdicti~n.~
Any
future
diseg
x~en~:
t’~~een
the
parties
would
constitute ~a
new and
distinct
proceeding
involving
a
new
administrative
record~
In
a situation such as this,
where
all
parties agree that
the permit appeal
proceeding be
rLmanded
to
the
Agency for
further
consideration of the original
permit application along
with supplemental
information,
and
where waivers of the Agency
and Board statutory
deadlines
for
decision have been given,
the
Board finds that
it
is
appropriate
to remand
the proceeding
to
the Agency,
transferring
jurisdiction
to
it and terminating
the
present proceeding
before
the Board.
IT
IS
SO
ORDERED
tV3-143
~a~4
Mei~becBill Forua~n
concurrLa.
N~~
ClerP~
o~th~Iflinois
Pollution
Control
Lily
that U~cabove
Ocdec
was
adopted
on
,
1985,
by
a
vote
a
Iino~~
Pollution
Control
Board
83-144