ILLINOIS POLLUTION CONTROL BOARD

February 22,

1984

ABEX

CORPORATION,

)

Petitioner,

V.

)

PCB 84—18

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD

(by J.

Anderson):

This docket was opened upon

the Board’s February 14,

1984

receipt of a letter dated February 10,

1984 from Abex to the

Agency requesting Agency reevaluation of its January

5,

1984

denial

of an operating permit.

In paragraph

3 of that letter,

~bex also states that “In order to reserve all rights,

this

letter may also be considered as notice of an appeal

from a

permit denial,

if such

January

5,

19841

denial by the Agency

shall

be considered final.~

This action

is hereby dismissed, and the docket is closed,

on two grounds.

First, assuming

~~do

that the Agency’s

January

5,

1984 action was a final

one,

this “appeal”

is untimely

filed, having

been received

5 days

after

expiration of the

statutory

35 day appeal period.

Second, even if

the “appeal” had

been

timely filed, it would seem premature to bring the matter to

the Board, given

Abex’

request

that the Agency reevaluate the

application

in light of Abex’

submittal of additional

information,

The

Board

notes

that

any Agency denial of Abex’

February 10, 1984 reapplication would itself be appealable.

IT IS SO ORDERED,

I, Christan

L.

Moffett, Clerk

of

the Illinois Pollution

Control Board, hereby certify that the above Opinion and Order

was adopted on the

~~Lday

~

—,

1984 by

a

vote

of~~Q

Christan L.

Moffett,

Cle

Illinois

Pollution

Contr

1

Board

56-249