ILLINOIS POLLUTION CONTROL BOARD
    January
    10, 1985
    DEAN FOODS,
    Petitioner.,
    V.
    )
    PCB 81—151
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF
    THE BOARD (byB. Forcade):
    On August 22,
    1984, this Board issued an Opinicrn and
    Order
    disposing, oN the merits, of Dean’s NPDES permit appeai
    in this
    matter.
    On October
    2.6, 1984,
    the Board denied Dean’s motion
    to reconsider and mOdify!
    that
    Opinion and Order.
    On November
    21, 1984, Dean filed a Petition for Review of the Board’s
    decision with the Second District Appellate Court of the State
    of
    Illinois.
    On December
    13.,
    1984, Dean filed a Request for Stay of that
    portion of the Board’s August 22,
    1984 decision which affirmed
    the sampling location condition of Dean’s permit.
    On January
    8,
    1985, the Agency responded to the Request for Stay and objected
    to
    it.
    The Board denies Dean’s request.
    Dean argues that
    requiring
    immediate compliance with the
    monitoring location condition will require Dean to expend sub-
    stantial sums of money when present discharges have no adverse
    environmental impact.
    While these arguments may have merit for
    allowing Dean to discharge ~pollutantconcentration at leveis~
    above those stated in the Board’s substantive regulations, they
    do not have merit for allowing Dean
    to
    improperly measure poi—
    lutant concentrations.
    Dean has filed
    a site—specific regulatory petition seeking
    to allow continuation of present discharges,
    R82—25, and the
    Board is
    prepared to proceed with that matter.
    Should Dean
    need interim relief,
    Title IX of the Act provides a mechanism,
    However, improper measurement of pollutant concentrations is
    not the way to cure Dean’s problems
    in complying with Board
    regulations.
    62~237
    2
    IT IS
    SO ORDERED.
    I,
    Dorothy
    M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby cert fy that the above Order was adopted on the
    ~
    day
    of
    _______________,
    1985 by a vote
    of
    5-~
    ~
    ~
    DorothyM. dunn, Clerk
    Illinois Pollution Control Board
    62-238

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