ILLINOIS POLLUTION CONTROL BOARD

May

23,

Complainant,

vs.

)

SCM CORPORATION~ a New York

)

corporation, Glidden-Durkee Division

)

PCB 74—79

Respondent.

GLIDDEN-DURKEE,

a division of SCM

)

Petitioner,

ENVIRONMENTAL PROTECTION AGENCY,

Responhent.

Marvin

Benn,

Assistant

Attorney

General

for

the

EPA

Joseph

S.

Wright,

Jr.,

~ttorney

for

Glidden—Durkee

ORDER

OF

TEE

BOARD

(by

Mr.

Henss)

The

Environmental

Protection Agency filed its Complaint

against Respondent SCM Corporaticn, Glidden-Durkee Division,

allegino that the Company had operated its manufacturing

facility

in

Chicago

without first obtaining operating permits

from

the

Illinois

Environmental Protection Agency.

It is

alleged

that

this

constitutes a violation of Rule 103(b)

(2)

of

Chapter

2,

Part

I of the Air Regulations and a violation

of

Section

9(b)

of

the

Environmental Protection Act.

Respondent then filed a Cross Petition for Review of Permit

Denial.

In

its

Petition Respondent alleged that it had submitted

and resubmitted applications for operating permits for all

emission

soorces

within the plant and that all of the applications

show

that

the facilities

at

the plant are in compliance with

relevant Rules and Regulations.

The Company alleges that the

EPA

wrongfully

denied the operating permits.

12~—391

---

—2—

The Agency now moves to dismiss

its Complaint.

In support

of the Motion for Dismissal the Agency states that it has

decided to grant the permits

in question since it now believes

Respondent has not caused air pollution at its facility.

The

Agency states that with the decision to

grant the permit,

the

case is moot.

We

shall allow the Motion and Dismiss the Complaint and

Cross Petition as moot.

In any event

we

should have dismissed

the Cross Petition since

ORDER

It is Ordered that the Complaint and Cross Petition be

dismissed without prejudice.

I,

Christan L. Moffett,

Clerk of the Illinois Pollution Control

Board, hereby certify the above Order was adopted this

~

day of

__________,

1974 by a vote of

..S

toP~

.

12—

392