ILLINOIS POLLUTION CONTROL BOARD

August 22, 1972

ENVIRONMENTAL PROTECTION AGENCY

V.

)

#72—286

CITY OF EVANSTON

Opinion & Order of the Board on Motion for Stay (By Mr. Currie)

Brought before us on the Agency’s complaint relating to

alleged emissions from a municipal incinerator, Evanston has

sought to appeal the hearing officer’s order directing the

City to respond to interrogatories and asks us to stay further

proceedings pending resolution of its appeal. We deny the

motion for stay.

To grant the relief requested would severely disrupt

the administrative process and play havoc with the important

policy against piecemeal appeals. Except in the most unusual

circumstances controversies should be fully resolved through

hearing and decision at the first level rather than interrupting

proceedings whenever issue is taken with a procedural ruling.

The proper avenue for the City, should it lose on the merits,

is to seek judicial review of our final order. Interlocutory

review is inimical to statutory policy not only because it

interferes with and delays proceedings but because it imposes

an unnecessary burden on the Appellate Court to pass upon

issues that may be mooted by administrative action.

Thus we entertain serious doubts that a mere discovery

order is appealable. Even if it is, we see no reason why

our proceedings should be delayed, and alleged pollution per-

mitted to continue, pending court resolution of the interlo-

cutory order. And finally we see no shadow of merit in the

argument put forth on review, namely, that Evanston is free

to pollute at will because it is a home-rule unit. The statute

is squarely to the contrary, and the constitutional home—rule

provision merely authorizes cities to make laws, not to

disobey them. EPA v. McHugh, Healy & Keeney Construction Co.,

#71—291 (May 17, 1972).

The motion for stay is denied.

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

that the Board ~opted the above Opinion & Order on Motion for

Stay, this

c~v~

‘~‘~

day of August, 1972, by a vote of ‘~?~O

5

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