ILLINOIS POLLUTION CONTROL BOARD
    January 31,
    1972
    MOLEX,
    INC.
    v.
    )
    # PCB 71—200
    ENVIRONMENTAL PROTECTION AGENCY
    Opinion and Order
    of the Board on Motion
    to Reopen
    (by Mr.
    Currie)
    Our January
    6,
    1972 order granted Molex
    a variance to complete
    its particulate control Program on several conditions,
    some of
    which
    the company asks us
    to modify or to stay pending appeal.
    First Molex
    asks that we extend the period of the variance
    beyond May
    22,
    1972 to August 22 because of difficulties
    in obtain-
    ing
    a permit from Cook County.
    These difficulties
    are not new.
    This argument was made at the hearing,
    and taken into account
    by the Board.
    It was our conclusion that pollution from this
    plant had gone on long enough;
    that any additional hardship
    attributable
    to troubles with
    the county were self-inflicted
    in the sense that timely attention
    to the pollution ~problem
    would have made all this unnecessary;
    and
    that pollution from
    the plant should cease within seven months from the date of
    hearing.
    We decline
    to change our minds on the subject.
    We are
    not ordering the company to close on May
    22
    if
    it
    is
    not
    in
    compliance;
    we merely refuse
    to give
    it
    a shield against prosecution
    if
    it remains in violation thereafter.
    What sanctions
    to impose
    at that point would await a complaint and hearing.
    We deny the motion to set aside
    the penalty and bond required
    by
    the order.
    Our authority to impose these requirements
    is
    established by
    a
    long line of prior cases
    and the
    order sustained
    by the
    record.
    In line with prior
    cases,
    e.g., Spartan Printing
    Co.
    v.
    EPA,
    #
    71—19
    (Oct.
    14,
    1971)
    ,
    we will as requested stay
    payment of the penalty
    on condition that
    a bond be posted assuring
    payment of the penalty, wihh
    5
    interest,
    in the event the order
    is sustained
    on appeal.
    To stay the bond would render that require-
    ment meaningless and we decline
    to do so.
    Finally,
    Molex asks that we modify the order
    to permit
    compliance with the regulations by process modifications
    as an
    alternative to the installation
    of
    a scrubber.
    We are not
    concerned
    as
    to how compliance is achieved;
    so long
    as emissions
    3—
    531
    meet
    the regulation limits our order
    is satisfied,
    and
    it is
    hereby amended to make
    that clear.
    I, Christan Moffett, Clerk
    of the Pollution Control Board, certify
    that the Board adopted the above Opinion and 0 der
    of the
    Board on Motion to Reopen this
    ~/
    day
    of
    ,
    1972
    by vote of
    ~
    3
    —
    532

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