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