ILLINOIS POLLUTION CONTROL BOARD

November

10,

1977

CITY OF SPRINGFIELD,

Petitioner,

v.

)

 PCB 77—239,

 —240, —241

)

—242,

 —243,

 —244

—245,

 —246, —247

ENVIRONMENTAL PROTECTION AGENCY,

)

 CONSOLIDATED

Respondent.

INTERIM ORDER OF THE BOARD

 (by Mr. Goodman):

On September 29,

 1977,

 this E~ardentered an Interim Order

consolidating the above-captioned Permit Appeal Petitions,

and

granted Petitioner City of Springfield

21

days within which

to

amend those Petitions, placing in issue all reasons cited by the

Illinois Environmental Protection Agency for denying the relevant

Permit Applications.

 On October 20,

 1977,

 Springfield filed an

Amendment to Permit Appeal Petitions

in response to our Interim

Order.

Springfield’s Amendment states that it contests the Agency’s

permit rejections

 in the relevant cases,

 “tjo

 the extent,

 if at

all,

 that the Agency complied with the provisions of Section

 39(a)

of the Act...”, and cites

 in turn various Regulations cited by the

Agency

in its permit rejections,

 Springfield continues

 to note

that

it contests the “legal and/or factual sufficiency’t of the

Agency’s permit determinations.

The Board finds that the Petitions are now adequate under

Procedural Rule 502(a)

 and our Interim Order of September 29,

 1977.

Springfield has adequately placed at issue all grounds cited by the

Agency for rejecting

the

various permits in question.

 Springfield

should, however, distinguish clearly those grounds cited by the

Agency for permit rejection which are to be contested factually

from those which Springfield might choose to contest only on legal

grounds;

 following hearings, the latter should be fully discussed

in thorough briefs.

The

 onsolidated cases shall be set for hearing.

IT IS SO ORDERED.

28

—193

—2—

I, Christan L. Moffett, Clerk

of the Illinois Pollution Control

Board, hereby certify the above Interim Order was adopted on the

)~-~

 day of~1~~&j

 1977 by a vote of

 ~./.—3

~hristan

 L. Moffe

~‘

 Clerk

Illinois Pollutio

 ontrol Board

—

194