ILLINOIS POLLUTION CONTROL BOARD
    February 6, 2003
     
    ABITEC CORPORATION, )
    )
    Petitioner, )
    )
    v. ) PCB 03-95
    ) (Permit Appeal - Air)
    ILLINOIS ENVIRONMENTAL )
    PROTECTION AGENCY, )
    )
    Respondent. )
     
    ORDER OF THE BOARD (by G.T. Girard):
     
    On December 31, 2002, Abitec Corporation timely filed a petition asking the Board to
    review a November 26, 2002 determination of the Illinois Environmental Protection Agency
    (Agency) conditionally approving Abitec’s application for a Clean Air Act Permit Program
    (CAAPP) permit. The Agency imposed certain conditions on the CAAPP Permit for Abitec’s
    food processing plant in Paris, Edgar County. On January 9, 2003, the Board accepted this
    matter for hearing but reserved ruling on a request to stay effectiveness of the CAAPP permit.
    To date, the Agency has not filed a response to the request.
     
    The Board has recognized that Illinois law provides standards to help determine whether
    stays are appropriate. Community Landfill Company and City of Morris v. IEPA, PCB 01-48,
    49 (Oct. 19, 2000), citing Motor Oils Refining Company, Inc. v. IEPA, PCB 89-116 (Aug. 31,
    1989). Those standards are: (1) a certain and clearly ascertainable right needs protection; (2)
    irreparable injury will occur without the injunction; (3) no adequate remedy at law exists; and (4)
    there is a probability of success on the merits. Motor Oils, PCB 89-116, slip op. at 1-2 (Aug. 31,
    1989), citing Junkunc v. S.J. Advanced Technology & Mfg., 149 Ill. App. 3d 114, 498 N.E. 2d
    1179 (1st Dist. 1986). The Board has held that it is not required to specifically address each of
    these factors in making a stay determination. Bridgestone/Firestone Off-Road Tire Company v.
    IEPA, PCB 02-31 (Nov. 1, 2001).
     
    In this instance, the Board denies the request to stay the effectiveness of the permit. The
    request for stay was not accompanied by any explanation or reasons for the request.
    See
    Pet. at
    25. Thus, the Board is unable to determine if a stay is appropriate at this time. The petitioner
    may file a motion for stay with appropriate supporting information pursuant to 35 Ill. Adm. Code
    101.514.
     
    IT IS SO ORDERED.
     
    2
     
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on February 6, 2003, by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     
     
     
     

    Back to top