ILLINOIS POLLUTION CONTROL BOARD

September 15,

1976

BEN COOPER,

Petitioner,

v.

)

PCB 74—228

ENVIRONMENTAL PROTECTION

AGENCY,

Respondent.

ORDER OF THE BOARD

(by Mr. Goodman):

This matter comes before the Board upon the Second District

Illinois Appellate Court’s Order reversing the Board’s original

Order in this matter and remanding the cause to the Board.

See

15 PCB 67,

15 PCB 293.

The Appellate Court based its reversal upon the recent

Illinois Supreme Court case North Shore Sanitary District v. Pollu-

tion Control Board,

62 I11.2d

385,

242 N.E.2d376

(1976).

The Court

in NSSD,

supra, held that the Agency imposed sewer ban did not re-

voke pre-existing permits.

The Board, therefore,

revises its

Opinion of January

23, 1975,

and dismisses the variance petition

herein as moot.

IT

IS SO ORDERED.

I,

Christan L.

Moffett, Clerk of the Illinois Pollutio

~ontrol

Board, here

certify the above Order was a opted on the_____________

day ~

1976 by a vote of________________

~

Illinois Pollution Con

Board