ILLINOIS POLLUTION CONTROL BOARD

July 12, 1973

ALLIED METAL COMPANY,

)

Petitioner,

V.

)

PCB 73—244

ENVIRONMENTAL PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD

(BY SAMUEL T.

LAWTON,

JR.):

The present action is an appeal of a permit denial.

The Environmental Protection Agency has moved for judgment

based on the contention that all matters in issue had

been previously raised and resolved in case Environmental

Protection Agency v. Allied Metal Company, PCB72-164,

pursuant to our Order of June

7,

1973.

Response filed by

Allied Metal Company contends that there are issues raised

in the present proceeding that were not resolved by our

earlier order.

We do not feel that an action of this sort is best

disposed of by

surrui~ary judgment,

and, accordingly, will

deny the Agency’s motion and direct that hearing proceed

as originally directed.

IT

IS SO ORDERED.

I, Christan L. Moffett,

Clerk of the Illinois Pollution

Control Board, certify that the above Order was adopted by

the Board on the

/~

~day

of

~

-,

1973, by a

vote of

to

r~

8

—