ILLINOIS POLLUTION CONTROL BOARD

October 4, 1973

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

PCB 73—330

OZITE CORPORATION, a Delaware

corporation,

Respondent.

ORDER OF THE BOARD (by Mr. Henss)

Respondent has filed a second Motion to Dismiss Count 2

of the Complaint on the ground that: the Environmental Pro-

tection Act and Regulations adopted thereunder do not constitute

a sufficient guide to the Environmental Protection Agency in

the issuance or denial of permits relating to odor control;

that the issuance of permit therefore is based upon arbitrary

discretion of the Agency in violation of Ozite’s right to due

process; and in the absence of valid State regulation, the

zoning ordinance of the Village of Libertyville preempts the

permit requirements of the State Agency.

That Motion is denied.

The guides to Agency action are clear enough from the

Statute and Board Regulations. Section 39 of the Act provides

that when the Board has, by regulation, required a construction

permit or operating permit it shall be the duty of the Agency

to issue such permit upon proof by the applicant that the facility,

equipment, vehicle, vessel or aircraft will not cause a violation

of the Act or Regulations. Section 9(a), Section 3(d) and Section

3(b) of the Statute constitute a wholly reasonable standard by

which the Agency can be guided in determining whether to issue or

deny permits to install or operate equipment intended to control

odors. Therefore, the second Motion to Dismiss Count 2 is denied.

9—415

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—2—

I, Christan L. Moffett, Clerk of the Illinois Pollution Control

Board, hereb certify the above Order was adopted this

~f”

day of

____________,

1973 by a vote of

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