ILLINOIS POLLUTION CONTROL BOARD
    July 21, 2008
    KCBX TERMINALS COMPANY,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 08-103
    (Permit Appeal - Air)
    ORDER OF THE BOARD (by T.E. Johnson):
    On June 27, 2008, KCBX Terminals Company (KCBX) timely filed a petition asking the
    Board to review a May 23, 2008 air permit determination of the Illinois Environmental
    Protection Agency (Agency). The Agency denied an operating permit and granted, with
    conditions, a construction permit in response to KCBX’s joint construction and operating permit
    application for two conveyors at the company’s bulk material terminal. The facility is located at
    3259 East 100th Street, Chicago, Cook County. Also on June 27, 2008, KCBX filed a motion to
    stay the effectiveness of the contested permit conditions.
    On July 10, 2008, the Board accepted KCBX’s petition for hearing but reserved ruling on
    the motion to stay the effectiveness of the contested permit conditions. The Board reserved
    ruling on the motion to allow the Agency’s 14-day response time to run.
    See
    35 Ill. Adm. Code
    101.500(d). The 14 days have expired without any response filed by the Agency. Accordingly,
    the Agency waives any objection to the Board granting KCBX’s motion for stay.
    Id
    .
    Motions to stay a proceeding must be “accompanied by sufficient information detailing
    why a stay is needed.” 35 Ill. Adm. Code 101.514(a). KCBX alleges that the contested permit
    conditions are not required by the Environmental Protection Act (Act) (415 ILCS 5 (2008)) or
    regulations, and are not necessary to correct, detect, or prevent noncompliance with, or to
    otherwise accomplish the purposes of the Act or regulations. KCBX seeks a stay of permit
    conditions 2, 8, 11, 13, 18, 6(a)(i), 12(b), and 16. Motion at 2.
    KCBX asserts that the stay is needed to prevent “irreparable harm” to the company.
    Motion at 2. According to KCBX, each condition:
    would require KCBX to incur costs to comply with these Conditions, where the
    activities that the Conditions require either are unneeded or will not provide the
    Illinois EPA with the information necessary to review KCBX's compliance status.
    Id
    .
    2
    KCBX further maintains that the requested stay is necessary to “protect KCBX’s right to appeal
    permit conditions” as its appeal would be “rendered meaningless” if the company must comply
    with the conditions while the appeal is pending.
    Id
    . Finally, KCBX adds that “no adequate
    remedy exists at law, and KCBX has a probability of success on the merits.”
    Id
    .
    The Board grants KCBX’s unopposed motion to stay the effectiveness of permit
    conditions 2, 8, 11, 13, 18, 6(a)(i), 12(b), and 16 until the Board takes final action in this appeal
    or until the Board orders otherwise.
    See
    ,
    e.g.
    , Midwest Generation, LLC, Will County
    Generating Station v. IEPA, PCB 06-156, slip op. at 5-6 (July 20, 2006) (granting request for
    partial stay of permit); Community Landfill Co. and City of Morris v. IEPA
    , PCB 01-48, 01-49
    (consol.), slip op. at 4 (Oct. 19, 2000) (granting stay of challenged permit conditions).
    IT IS SO ORDERED.
    I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on July 21, 2008, by a vote of 4-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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