January 4, 1979ENVIRONMENTAL PROTECTION AGENCY,Complainant,v.
) PCB 76—248
ASHLAND CHEMICAL COMPANY, ) Respondent.
The
Third District Appellate Court on October 20, 1978 issued itsmandate reversing the permit denial and ordering issuance ofthe operating permit for a 120 day period.
As
to Counts I and II, which allege operation of boilers withoutthe required permits, Ashland argues that the Appellate Courtdecision renders these counts moot.
Such an allegation is a defense to the
Complaint and may be proved at hearing, but it is not groundsfor dismissal of the Complaint.
IT IS SO ORDERED.
I, Christan, ...
Allowed
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