ILLINOIS POLLUTION CONTROL BOARD
    November
    I
    ~,
    1971
    ENVIRONMENTAL PROTECTION AGENCY
    v.
    )
    PCB 71-52
    BATH,
    INC. AND JOHN
    L. WALKER
    BATH,
    INC., JOHN L. WALKER AND
    JOHN H. WALKER
    v.
    )
    PCB 71—244
    ENVIRONMENTAL PROTECTION AGENCY
    Supplemental Opinion and Order of the Board
    (by Mr.
    Currie):
    On September
    16,
    1971, the following order was
    entered in
    the above—captioned case:
    1.
    Bath,
    Inc.
    and John
    L. Walker shall cease and desist
    from violation of the Rules and Regulations
    for
    Refuse Disposal
    Sites
    and Facilities
    and of
    the
    Environmental Protection Act as follows:
    a)
    Refuse shall be spread and compacted as ~apidly
    as it
    is admitted
    to the site.
    b)
    Refuse shall be covered daily as required by the
    Rules.
    c)
    Cinders shall not be used as cover material.
    d)
    Salvaging shall be carried out in
    a sanitary manner,
    salvaged materials being removed from the site
    daily
    or properly stored as required by the Rules.
    e)
    Underground burning shall not be permitted.
    2.
    Bath,
    Inc.
    shall within
    35 days after receipt of this
    order pay to the State of Illinois the sum,
    in penalty,
    of $2000,
    the penalty to be borne by the corporate respondent.
    Bath,
    Inc., John
    L. Walker and John H. Walker have filed
    a petition for review of the Board’s September
    16 order
    to th?
    Illinois Appellate Court for the Fourth District and have subsequently
    moved this Board to stay
    the entire order pending resolution
    of
    the appeal.
    We~sba1igrant the
    stay with respect to the monetary
    penalty we have impose~since we see no point in requiring
    money to be paid now if it may have to be repaid after judicial
    3—3
    review, however we shall
    stay our Order with regard to the
    assessment of penalty 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.
    As we have
    previously held,
    the purposes of our orders will be as well
    served by later payment if the appeal fails
    (see Spartan
    Printing Co.
    v.
    EPA,
    4t
    71-19, Supplemental Opinion and Order,
    October
    14,
    1971; Citizens Utilities Co.
    of Illinois v.
    EPA,
    # 71-125,
    Supplemental Opinion and Order, October
    14,
    1971).
    We are
    also asked to ~tay those other portions
    of our
    order of September
    16 which deal with the proper and
    legal
    manner
    in which the landfill site should be operated.
    It
    is
    our opinion that to do so could be to further delay
    the
    implementation of
    the law and the correction of the very ills
    which generated these cases
    in the first place.
    As in the
    Spartan and Citizens cases, we feel that there
    is no excuse
    for such delay especially in light of the fact that the necessary
    steps
    to correct the problems
    at the site could have been
    taken some
    time ago.
    Accordingly,
    the penalty provision
    in paragraph
    2 of our
    order of September
    16
    is hereby stayed, conditional upon the
    filing of the bond, pending judicial review,
    In all other respects,
    the motion for stay
    is denied.
    I, Christan Moffett, Acting Clerk of the Pollution Control Board,
    certify that the Board a~optedthe above Supplemental Opinion
    of the Board this
    _______day
    of
    ~)6\i-n’~--&~-~
    ,
    1971.
    ~4~U~L~L
    ~/17
    ~
    /~~/
    3.—,~

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