ILLINOIS POLLUTION CONTROL BOARD
January
4,
1979
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
)
PCB 78—41
CARGILL, INC.,
a Delaware corporation,
Respondent.
ORDER OF THE BOARD
(by Mr. Werner):
On December 28,
1978, Cargill,
Inc.
filed a Motion for
Modification of Order which requested that the Board modify its
previously entered Order
(of December 14,
1978)
to provide that the
Respondent will be allowed up to February 14, 1979
in which to
submit the requisite Construction Permit applications to the Agency
for a catalytic incinerator system.
On January
2,
1979, Cargill filed a Motion to Withdraw Motion
for Modification of Order citing the reason that Cargill,
Inc. and
the Agency have entered into discussions which are likely to lead
to a joint motion.
The Respondent’s Motion to Withdraw Motion for
Modification of Order
is hereby granted.
On January
3,
1979,
the parties
in this case filed a Joint
Motion for Modification of Order.
The modification requested is
to paragraph
3 of the Board’s Order dated December 14,
1978, which
the parties have agreed to read as follows:
3.
Cargill,
Inc.
shall comply with all the terms and
conditions of the Stipulation and Proposal for
Settlement filed November
3,
1978, which is incorporated
by reference as if fully set forth herein.
Notwithstand-
ing the terms of paragraphs
17 and 18 of said Stipulation,
Cargill will submit to the Agency applications
for all
required construction permits for the incinerator
system on or before February 14,
1979.
The Agency shall
make its decision on said applications within 45 days
after the receipt thereof, and this
45 day decision
period shall not constitute “delay” within the meaning
32—337
—2—
of paragraph 23 of the Stipulation for purposes of
extending other agreed time limitations.
The eight
month time period described in paragrph 18 of the
Stipulation shall be reduced by one day for each day
that elapses after January 14,
1979 until Cargill
submits the construction permit applications to the
Agency.
All other time limitations provided in the
Stipulation for actions to be taken by Cargill shall
remain unchanged,
and shall be unaffected by the
provisions contained herein.
The Joint Motion for Modification of Order is hereby granted
and paragraph
3 of the Board’s Order of December 14,
1978 is hereby
modified in accordance with the aforementioned agreement of the
parties.
IT IS SO ORDERED.
I,
Christan L.
Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify the above Order was adopted on
the
L/~
day of
________________,
1979 by a vote of
4/_p
Illinois Pollution
rol Board
32—338