ILLINOIS POLLUTION CONTROL BOARD
    July
    15,
    1981
    ALBURN,
    INC.,
    Petitioner,
    v.
    )
    PCB 80—189
    )
    80—190
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by J.
    Anderson):
    On June 30,
    1981,
    the Agency moved for clarification of the
    Board’s Order of June 10,
    1981.
    Specifically,
    it is requested
    that the stay be limited to those conditions which were the subject
    of Album’s April 14,
    1981 Motion for Stay of Permit Conditions.
    Pursuant to leave granted by the Board orally at its July
    9 meeting,
    Album
    filed its Response on July
    13,
    1981.
    Album’s April
    14 motion sought a stay of paragraph
    1 of both
    its construction and its operating permit, which contain expiration
    dates.
    Album
    also contested paragraph 2(a)
    of its operating permit
    which requires prior Agency approval of a Special Waste Disposal
    Application for each special waste Album
    wishes to accept.
    The balance of the challenged operating permit conditions
    require Album
    to conduct incinerator test burns and discrepancy
    tests on special waste shipments
    2(b-c),
    to limit its incinerator
    feed rate
    3(b),
    to compile incinerator logs
    (4(a—b),
    and to
    apply
    for supplemental construction permits
    for wastes exceeding
    the criteria of conditions 2(a), with operating permits contingent
    on completion of tests required by Condition 3 of its construction
    permit
    (6).
    Challenged condition 3(d) of the construction permit
    requires a certain stack test.
    Other challenged construction
    conditions include installation of monitors
    (2(a-b),
    a plan for
    disposal of wastes other than by incineration(4),
    installation of
    an incineration interlock system
    (5), compliance with Requirements
    for Determination of Waste Similarity
    (6), and a limitation of
    future operating permits to successfully tested waste streams
    (7).
    The Board finds that “the two conditions
    which
    were the
    subject of Album’s April 14 motion
    are inextricably intertwined
    with all of the remaining contested permit conditions”
    (Response,
    p.
    3).
    As the Agency has not specified that any environmental
    harm has resulted or will result from continuation of a stay of
    43—47
    2
    all contested conditions prior to a decision by the Board, and
    as the parties appear to be moving this action expeditiously,
    the Board reaffirms its rulings of May
    1 and June 10 staying all
    contested
    permit
    conditions.
    IT IS SO ORDERED.
    Mr.
    Dumelle
    and
    Mr.
    Werner
    concurred.
    I,
    Chmistan
    L~
    Moffett,
    Clerk
    of
    the
    Illinois
    Pollution
    Control i~oard,hereby certify that the above Order was adopted on
    the
    _____
    day
    of
    ~
    ,
    1981 by a vote of
    ~.? ~
    1) ~
    Christan L. Moffe~1~/Clerk
    Illinois Pollution ‘C~ntrolBoard
    43—48

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