ILLINOIS POLLUTION CONTROL BOARD

March 29,

1979

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

PCB 79—5

CROSSROADS U.S.A.,

INC.,

an Iowa

)

Corporation, BROWNE BA’~R,CHARLES

JORDAN,

DALLAS

CRANDALL

and

LARRY

N.

MC CASLAND,

Respondents.

ORDER OF THE BOARD

(by Mr. Goodman):

On March 12,

1979,

Respondents

filed a Motion to Dis-

miss Complaint or,

in the Alternative,

to Stay Proceedings

based upon the recent decision by the United States Court of

Appeals

for the Seventh Circuit in Citizens for a Better

Environment v.

EPA et al., No.

78-1042, decided January 26,

1979.

It

is the opinion of the Board that until

such time as

approval of the Illinois NPDES program is withdrawn, the

Board retains NPDES jurisdiction.

Finding no compelling

reason to stay the proceedings herein, the Board hereby

denies Respondents’

Motion to Dismiss Complaint or,

in the

Alternative, to Stay Proceedings.

IT IS

SO ORDERED.

I,

Christan L.

Moffett,

Clerk of the Illinois Pollution

Control

Board, hereby cer ify the above Order was ~.dopted on

the

~f~L

day of

,

1979 by a vote of

~

p

Christan L.

Moffe

,

lerk

Illinois Pollution

trol Board

33—207