ILLINOIS POLLUTION CONTROL BOARD

June

6,

1975

ENVIRONMENTAL PROTECTION AGENCY,

)

Complainant,

vs.

)

PCB 73—330

OZITE CORPORATION,

a Delaware

corporation,

Respondent.

ORDER OF THE BOARD

(by Mr. Henss):

On May 13, 1975 Ozite Corporation filed “Petition and

Status Report”.

The Petition states that Ozite has appealed

our Order of May 23, 1974 to the Appellate Court of the State

of Illinois, but that during the pendency of the appeal Ozite

applied for operating permits.

The Environmental Protection

Agency rejected the application for operating permit for the

reason that Ozite had not shown compliance with the Board

Order of May 23,

1974.

The letter of rejection states that

the application for an operating permit “is not deemed as

having been filed.”

Ozite now requests that the Board:

a)

find that Ozite

Corporation is in compliance with odor control regulations

based on the evidence submitted with the petition,

or in the

alternative set a hearing date for the taking of evidence

regarding Ozite’s compliance with odor control regulations

and the Board Order of May 23,

1974;

b)

enter an Order directing

the EPA to accept the application for permit and consider it

on its merits.

In support of the petition Ozite offers

to prove what

steps it has taken since May 23, 1974 to comply with the Board

Order.

We deny the petition on procedural grounds.

The issues

here are essentially those which are found in a permit proceeding

and are to be resolved in the first instance by the Environmental

Protection Agency.

It would be improper to by-pass the permit

procedure.

Our jurisdiction in this pending enforcement case

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is now limited to those things necessary to the conduct of

the appeal of our May 23, 1974 Order.

Ozite should make its contentions and its proof in an

application for permit before the Environmental Protection

Agency.

The ruling of the Agency upon its consideration of

that application

(or its decision not to consider the appli-

cation)

is sulject to review by this Board pursuant to well

established procedures.

The petition of Ozite Corporation filed with the

Pollution Control Board on May 13,

1975 is denied without

prejudice.

I, Christan L. Moffett, Clerk of the Illinois Pollution Co~itrol

Board, ‘ereby certify the above Order was adopted the

(~,

“

day ~

,

1975 by

a vote of

~

Christan L. Moffe

erk

Illinois Pollution

trol Board

17