ILLINOIS POLLUTION CONTROL BOARD

October 14, 1971

CITIZENS UTILITIES CO. OF ILLINOIS

v.

)

#

71-125

ENVIRONMENTAL PROTECTION AGENCY

Supplemental Opinion and Order of the Board (by Mr. Currie):

On August 13, 1971, we entered an order authorizing the

bypassing of a sewage treatment lagoon during its repair, since

its effluent was worse than its influent, on certain conditions.

Citizens has sought judicial review of the conditions relating

to money pensities, additional waste connections, and a storm—

water control program. As required by Supreme Court Rule 335,

Citizens filed with us a motion for stay of those portions of

our order pending review.

As in Spartan Printing Co. v. EPA,

#

71-19, decided today,

we think a stay as to the money penalty is appropriate, since it

makes no difference to the State whether the money is received

before or after judicial review. But to delay the ban on new

connections to an inadequate plant, or to delay commencement of

a stormwater control program, would cause the very harm the order

was intended to prevent, and we will deny it,

The company also asks that we delay the date for repairing

the lagoon until six weeks after we pass on the present motion.

The theory seems to be that unless Citizens complies with the

contested provisions of the order it does not have permission to

repair its lagoon. The fact appears to be that repair has been

distressingly delayed despite our plain statement that the present

operation is in violation of law and that repair--with bypassing--~

should have been undertaken some time ago without even seeking

a variance, There is no excuse for the present~delay, and the

company ha~left itself open to prosecution for further penalties.

Once again we shall order that the repair be completed as quickly

as possible.

In sum, the motion is granted insofar as it seeks a stay of

the money penalty pending 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 all other respects the

motion is denied.

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625

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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

,

1971.

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