ILLINOIS POLLUTION CONTROL BOARD

April 12, 1973

MOBIL OIL CORPORATION

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173—83

v.

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ENVIRONMENTAL PROTECTION AGENCY

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ORDER OF THE BOARD (BY SAMUEL T

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LAWTON, JR.):

This proceeding is an appeal from a permit denial pursuant

to Section 40 of the Environmental Protection Act. Mobil Oil

Corporation has filed a Motion to Suspend Application of the

Regulations Pending Final Decision of the Board on the appeal

petition. The gravamen of the motion is that petitioner is in

jeopardy as to possible violation and resulting enforcement

action during the appeal period.

Nothing in the Environmental Protection Act or our Regula-

tions makes provision for suspending application of the Regulations

and, accordingly, the motion must be denied. Variance procedures

would be available to petitioner and the pendency of any appeal

could be asserted by way of mitigation or defense in any enforce-

ment proceeding filed.

The motion to susperdapplication of

the regulations is denied.

IT IS SO ORDERED.

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

certify that the above Order was adopted on the /p’4”day of

______

1973, byavoteof

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