ILLINOIS POLLUTION CONTROL BOARD
    September
    20,
    1979
    MARQUETTE CEMENT MANUFACTURING CO.,
    Petitioner,
    V.
    )
    PCB 79—131
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by Mr. Dumelle):
    On June
    28,
    1979 Petitioner appealed the Agency’s deci-
    sion to deny an air operating permit for its portland cement
    manufacturing facility in Oglesby,
    Illinois.
    Although a
    hearing
    is mandatory and has been scheduled,
    none has been
    held within the
    90 day decision period required by Section
    40 of the Act.
    In addition,
    the Petition fails
    to demonstrate
    that the activity for which the permit is sought will not
    cause a violation of the hct or the ambient air quality stan-
    dards as required by Procedural Rule 502(a)(2)(iv).
    Because
    no hearing has been held and the Petition is deficient,
    this
    matter
    is hereby dismissed without prejudice.
    IT
    IS SO ORDERED.
    Messers, Young and Werner dissent.
    I, Christan L.
    Moffett, Clerk of the Illinois Pollution
    Control
    Board, hereby
    ertify the above Order was ado ted on
    the~~~ day of
    ______________,
    1979 by a vote of
    .~
    35—4 11

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