ILLINOIS POLLUTION CONTROL BOARD
    November 6, 2003
    SAINT-GOBAIN CONTAINERS, INC., a
    Delaware corporation,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 04-47
    (CAAPP Permit Appeal – Air)
    ORDER OF THE BOARD (by N.J. Melas):
    The Board accepted this Clean Air Act Permit Program (CAAPP) permit appeal
    for hearing on October 16, 2003. Accompanying the petition, filed October 3, 2002,
    Saint-Gobain Containers, Inc. (Saint-Gobain) filed a motion to stay the effectiveness of
    the CAAPP permit No. 95090132. This order addresses the petitioner’s motion to stay.
    To date, the Environmental Protection Agency (Agency) has not filed a response to the
    motion.
    The Board has recognized that Illinois law provides standards to determine
    whether a stay is appropriate.
    Community Landfill Company and City of Morris v.
    IEPA, PCB 01-48, 49 (Oct. 19, 2000),
    citing
    Motor Oils Refining Co., Inc. v. IEPA, PCB
    89-116 (Aug. 31, 1989). The four standards are as follows: (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).
    Motions to stay a proceeding must be accompanied by sufficient information
    detailing why a stay is needed. 35 Ill. Adm. Code 101.514(a). If a party files no
    response to a motion within14 days the party will be deemed to have waived objection to
    the granting of the motion.
    See
    35 Ill. Adm. Code 101.500(d). Saint-Gobain contends
    that a stay is necessary to prevent irreparable harm during this appeal of the CAAPP
    permit No. 95090132 conditions. Saint-Gobain requests the stay last until the Board’s
    final action in this matter.
    The Board finds that Saint-Gobain clearly has a right to appeal the CAAPP permit
    conditions imposed by the Agency. The Board further finds that absent a stay, Saint-
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    Gobain will suffer irreparable harm. The Board grants Saint-Gobain’s motion to stay
    effectiveness of the CAAPP permit until the Board’s final action in this matter or until
    the Board orders otherwise. The Board directs the parties to proceed as expeditiously as
    practicable.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on November 6, 2003, by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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