ILLINOIS POLLUTION CONTROL BOARD

October

14,

1971

SPARTAN PRINTING

CO.

v,

)

#

71—19

ENVIRONMENTAL PROTECTION AGENCY

Supplemental Opinion and Order of the Board

(by Mr.

Currie)

Spartan was given until July

1,

1971 to complete Phase

I

of

its wastewater treatment

facilities

(Spartan Printing Co.

v.

EPA,

#

71-19, June

23,

1971).

On June

29, however,

the

company requested

a brief extension because of delays caused by

unanticipated

foundation conditions, unusually wet weather,

and

failure of equipment

to meet specifications.

We asked for the

Agency~srecommendation,

which was

that

the $200,000 bond we

required posted be forfeited and that

a hearing be held.

Spartan has

also

filed

a proceeding for judicial review of

our decision,

and,

under Supreme Court Rule

335, has asked us

to modify and to stay our order in certain respects.

The Agency

has not responded

to this latest motion.

We agree with

the company that

a $200,000 forfeiture would

be

an excessive imposition

for the brief and unintentional set-

back suffered

in attempting

to meet the Board~s order.

The first

stage was completed August

4,

scarcely a month behind schedule;

the second stage has

not been delayed at all;

it

is not the

cornpany~sfault the delay occurred.

We

see

no need for

a hearing;

the

delay

was

trivial

and

the

facts

have

not been disputed.

We

grant

the

extension

to

August

4,

1971,

and

since

that

date

is

past

we

remove

the

provision

requiring

that

the bond cover the

installation or operation

of Phase

I.

We will not, however,

lift the requirement of

a bond to secure Phase

II,

as that’the

statute flatly requires.

We are also asked to stay enforcement

of our

order, pending

review, with respect both to the bond

and to the penalty we imposed

as

a condition of the variance.

We agree a~to the penalty,

for

we

see

no

point

in requiring

the money

to be paid now if it may

have to be repaid after judicial review.

The purposes

of the

order

will

be

as

well

served

by

later

payment

if

the

appeal

fails.

But

this

is

not

the

case

with

the

bond,

for

a

bond

will

do

no

good if

it

is

filed after the

date

of

compliance;

it

must

be

filed now

if it is

to serve

its

purpose.

2

—

589

---

Accordingly the June

23 order is hereby modified by extending

the Phase

I date to August

4,

1971,

and by eliminating the re-

quirement that the bond cover Phase

I;

and the penalty

provision.

in paragraph

3

of that order is hereby stayed pending judicial

review, on condition that

a bond to secure payment of

the penalty

in the event of an adverse judicial decision is filed with the

Environmental Protection Agency within 15 days after receipt

of this

order.

In other respects

the motion for modification

and stay

is

denied.

I, Regina

E.

Ryan, Clerk of the Pollution Control Board,

certify

that the Board adopted the above Supplemental Opinion of the

Board

this

14

day of

October

,