ILLINOIS POLLUTION CONTROL BOARD
January
4,
1979
ENVIRONMENTAL PROTECTION AGENCY,
Complainant,
v.
)
PCB 76—248
ASHLAND CHEMICAL COMPANY,
)
Respondent.
ORDER OF THE BOARD
(by Mr. Goodman):
On April
17,
1977, the Board stayed proceedings in this
matter pending the decision by the Third District Appellate
Court on Ashland’s operating permit appeal, PCB 76-186.
The
Third District Appellate Court on October 20,
1978 issued its
mandate reversing the permit denial and ordering issuance of
the operating permit for a 120 day period.
Ashland filed a Motion to Dismiss this proceeding on
December 21, 1978, and alleged two grounds for dismissal.
As
to Counts
I and II, which allege operation of boilers without
the required permits, Ashland argues that the Appellate Court
decision renders these counts moot.
The Board agrees.
As to
Counts III and IV, which allege construction and operation of
a baghouse control device without the required permits, Ashland
alleges that the required permits were granted by operation of
law because Ashland submitted the necessary applications but
received no response.
Such an allegation is a defense to the
Complaint and may be proved at hearing, but it is not grounds
for dismissal of the Complaint.
The Board hereby grants Ashland’s
Motion to Dismiss as to Counts
I and
II of the Complaint and
strikes those Counts but denies the Motion as to Counts III and IV.
IT
IS SO
ORDERED.
I,
Christan,
L. Noffett,
Clerk of the Illinois Po1~1ution
Control Board,
hereby accept the above Order was adopted
9fl
the _________day of
_______________,
1979 by a vote of
~ç’
Christan L. Moffeb4~)~lerk
Illinois Pollution Th~itrolBoard
32—33 1