ILLINOIS POLLUTION CONTROL BOARD

November

14,

1972

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

PCB 72—198

HIGH LAKE POULTRY,

INC.,

Respondent,

SUPPLEMENTAL OPINION AND ORDER OF THE BOARD

(by Mr.

Parker):

The Board order entered October

3,

1972 against Respondent

requires payment of

a penalty

to the

State of Illinois

in the

amount of $2,500

for pollution violations

(Par.

2)

.

By letter

to

the Board dated November

9,

1972,

Respondent moves

to stay

the effectiveness

of that portion of our order pending the

resolution

of an appeal that it has taken from that entire order.

Consistent with past decisions of this Board,

there

is no

point

in requiring that

a money penalty

be paid immediately where

it might have

to be repaid following

judicial review of

our

decision.

Spartan Printing Co.

v.

EPA,

#71-19

(October

14,

1971),

EPA

V.

CPC International,

Inc.,

#71—338,

(October

31,

1972),

Accordingly,

paragraph

2 of our

October

3,

1972 Order

is hereby

stayed pending

judicial review,

on condition that

a bond to

secure payment of the penalty, plus appropriate

interest,

in

the

event of

an adverse judicial decision is filed with the Environ-

mental Protection Agency within fifteen

(15)

days after receipt

of this Order.

I, Christan Moffett, Clerk of the Pollution Control Board,

certify that the Board adopted

the above Supplemental Opinion

and Order of

the Board this

~

day of

_______________,

1972,

by

a vote of

______

to

.

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