ILLINOIS POLLUTION
    CONTROL BOARD
    April
    15,
    1982
    DONALD
    J.
    HAMMAN,
    )
    Petitioner,
    PCB 82—15
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by
    1.
    Anderson):
    This appeal
    of permit conditions filed February 12,
    1982,
    involves a permit issued by the Agency pursuant to the Board’s
    Order in Hamman’s successful permit denial appeal Hamman
    v.
    IEPA,
    PCB 80—153
    (November 19,
    1981).
    The Board’s Order has ~
    appealed in Mathers et al,
    v.
    IPCB,
    No. 81-740,
    741
    (consolidated)
    (Ill.App.
    3rd Dist).
    On February
    16, 1982 the Court entered a
    stay in the consolidated appellate cases, providing in pertinent
    part that
    “the force and effect of the judgment
    in... PCB 80—153
    has been stayed pending appeal
    and the enforcement
    thereof
    is hereby suspended, until
    further order of
    this court.”
    Being unaware of the issuance of this stay, the Board accepted
    the PCB 82-15 appeal
    of permit conditions
    at its February
    17,
    1982 meeting,
    On March 29,
    1982 Raymond Greenberg filed a “special
    limiLed
    appearance” and requested the setting of
    a hearing,
    both for the
    purpose of challenging the Board’s jurisdiction in this mattec.
    No response thereto has been received.
    As Greenberg
    is not a
    party to this permit appeal action,
    the filing
    is improper, and
    will be disregarded by the Board,
    The Board views the February 16,
    1982 stay 1) as suspending
    the effectiveness of the permit issued pursuant to its November 19,
    1981 Order, and 2)
    staying administrative action concerning the
    permit until
    such time as the stay is lifted or clarified.
    (The
    Board notes
    its receipt on April
    8,
    1982 of
    a “Motion For Clari-
    fication or to Lift Stay” made by Hamman to the Appellate
    Court.)
    46—103
    2
    Accordingly, the hearing presently scheduled for April
    23,
    1982
    is cancelled.
    Pending issuance of an Appellate Court Order either
    modifying or lifting the stay, or otherwise determining the statn~
    of this permit and the
    Board Order causing
    its issuance,
    the
    running of the
    90 day decision period is stayed as of February
    16,
    1982 leaving
    86 days left
    to
    run.
    IT IS SO ORDERED,
    I, Christan L.
    Moffett,
    Clerk of the Illinois Pollution
    Control Board, hereby certify that the above Order was ad~opted
    on the
    /~w~’
    day of
    ______________,
    1982 by a vote of \~O
    Christan
    L.
    Moff
    t
    /
    lerk
    Illinois Pollution
    ontrol
    Board
    46—104

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