ILLINOIS POLLUTION CONTROL BOARD
    April
    22, 1976
    ENVIRONMENTAL PROTECTION AGENCY,
    Complainant,
    PCB 75—232
    CITY OF SPRINGFIELD,
    Respondent.
    -
    and
    -
    CITY OF SPRINGFIELD,
    Complainant,
    v.
    )
    PCB 75—275
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by Mr. Goodman):
    On April 15,
    1976,
    the City of Springfield filed a Motion for
    Stay Pending Appeal.
    On April
    21,
    1976,
    the Environmental Protec-
    tion Agency
    (Agency)
    filed
    its opposition.
    The Board has held that to stay the mandatory portions of an
    Order merely because
    judicial
    review has been
    sought
    would allow
    the very harm to continue which the Order meant to prevent and could
    cause injury to the public interest through delay.
    EPA v. Incine-
    rator,
    Inc.,
    2 PCB 607
    (1971).
    The Board
    in the instant case
    recognized that injury to the public
    is inherent when a violation of
    the permit requirements
    of the Act or Regulations occurs.
    To grant
    the City’s Motion would be to allow that injury to continue.
    The
    Motion is, therefore, denied.
    IT IS SO ORDERED.
    Mr. Young abstained.
    21
    -—223
    —2—
    I, Christan L. Moffett,
    Clerk of the Illinois Pollution ~ntrol
    l3oard,
    hereby
    ertify the above Order was adopted on the__________
    day of
    ~1
    ,
    1976 by
    a vote of
    4-0
    CQtanL.offa2~rr~’-~
    Illinois Pollution
    rol Board
    21
    —
    224

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