ILLINOIS POLLUTION CONTROL BOARD
February
3,
1977
ENVIRONMENTAL PROTECTION AGENCY,
and CITIZENS FOR A BETTER ENVIRONMENT,
an Illinois not-for—profit corporation,
Complainants,
v.
)
PCB 76—282
WELLS MANUFACTURING COMPANY,
an
Illinois corporation,
Respondent.
ORDER OF THE BOARD
(by Mr. Goodman):
This action was filed before the Board on November
5,
1976.
On
December 16,
1976,
the Board ordered the parties herein
to submit
Briefs on the question of whether or not the Board had jurisdiction
over the subject complaint.
On that same date Respondent filed
a
Motion to Stay Proceedings until such time
as the Appellate Court of
Illinois, First Judicial District, has reviewed the Board’s Opinion
and Order of February 26,
1976
in PCB 73—403,
the subject of this
action.
Briefs having been filed, the Board finds that it has juris-
diction
in this matter and that the complaint is neither frivolous
nor duplicitous.
However,
the Board will grant Respondent’s Motion
to
Stay Proceedings until such time as the Appellate Court resolves
Respondent’s appeal in PCB 73-403.
IT
IS SO ORDERED.
Mr.
Durnelle dissented.
Mr.
Zeitlin dissented.
I,
Christan L.
Moffett, Clerk of the Illinois Po11ution~Sontro1
Boa~d,~herebycertify the above Order was adopted on the
~
day
of
,
1977 by a vote of
3
-~
~
Illinois Pollution
ontrol Board
24
—
699