ILLINOIS POLLUTION

CONTROL

BOARD

January

24,

1972

CITY

OF

FAIRFIELD

)

)

)

v.

)

$ 71—336

ENVIRONMENTAL

PROTECTION

AGENCY

)

Opinion

and

Order of the

Board

(by

Mr.

Currie):

Fairfield

(1 71—366) operates an electric generating pflnt.

During

a

clutch

breakdown

the

city

~as forced to use boilets óñö of

which

did

not

meet

a4ssion

re4uiSfnents.

The

petition,

received

in

October,

1971,

recited

that

the

City

expected

to

be

able

to

discontinue

use

of

that

boiler

“as

soon

as

our

load

drops

and

this

should

be

within

a

week

or

two.”

It

is

evident

that

the

need

for

using

the

noncomplying

boiler

has long since passed according to

the petition itself,

and

thereforCthe”re

is

no

need

for us to pass

on the case.

Cf. National

Gypsum

Corp. v. EPA,

$ 71-99

(Aug.

2,

1971).

The petition is hereby dismissed as moot.

I,

Christan

Hoffett,

Clerk

of

the

Pollution

Control

Board

certify

that

the

Board

adopted

the

above

Opinion

and

Order

this

24th

day

of

January,

1972

by

vote

of

3-0.

~,.n

~.,/i;.

‘~‘

3—

sie