r1LINOIS

POLLUTION

CONTROL

BOARD

November 21,

1984

WILLIAM H. CLARKE and

)

PIONEER PROCESSING,

INC.,

Petitioners,

v.

)

PCJ3

84—150

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

)

Respondent.

ORDI~R

OF

TUE BOARD

(by

3.

D.

Dumelle).

This matter comes before the Board upon

a November

1,

1c~84,

motion to dismiss filed on behalf

of The County of LaSalle,

Rosemary Sinon, Marie Madden and Joan Benya Bernabei

(hereinafter

“movants”)

to dismiss this appeal

or,

alternatively,

to affirm

the Illinois Environmental Protection Agency’s denial

of the

permit which underlies this action.

On November

15,

1984,

William U. Clarke and Pioneer Processinq,

Inc.

filed a response

urging that the motion be stricken or denied.

As far as the record shows, the movants have not,

as of yet,

been granted intervention, nor has such status even been

requested.

Therefore,

movants are without standing to make such

a motion and the motion should be stricken.

Furthermore, even

if

the

movants had standing,

the Board

is

being

asked

to

take

~ina1.

action

on

this

proceeding

without

the

benefit

of

hearing

which

the

Board

would

not

do

given

the

facts

of

this

case.

The

movant’s

November

1,

1984,

motion

is

hereby

stricken.

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

~

day of

,2~ltia~r,.4tA_~-,1984 by

a vote of

____

(2~~4

)~~

Dorothy M.

Gu”nn,

Clerk

Illinois Pollution Control Board

61-209