ILLINOIS POLLUTION CONTROL BOARD

January

10,

1985

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

Complainant,

V.

)

PCB 83—4

)

CITY

OF EAST MOLINE~

Respondent,

ORDER OF THE BOARD

(by

J. Anderson):

On December

3,

1984 the Illinois Environmental Protection

Agency filed

a motion for clarification

concerning the last

paragraph on page

16 and continuing on page

17 of the Board’s

November 8,

1984,

Opinion and Order

in

this matter,

On

December

10,

1984 East Moline filed a motion to stay that Order,

noting

that

an appeal

of the decision had been pirsued in the

Appellate Court for the

Third

District

on

December

6,

1984,

Neither party has responded

to the other’s motion.

The

motion to stay is denied.

Further,

the

motion

for

clarification

is denied,

since appeal

of this matter has

transferred jurisdiction from

the Board to the appellate court.

However,

the

Board agrees with the Agency that the Opinion sh~ild

have discussed Section 3(r)

of the Act,

which

defines

TMopen

dumping”;

this omission would

have been corrected

bit for

the

pendency

of the appeal

of this action.

IT

IS

SO ORDERED.

3.

0.

Dumeile dissented.

1,

Dorothy M,

Gunn,

Clerk of the Illinois Pollution

Control

Board,

hereby certify that

the

above Order was adopted

on

the

/ô~

day of

~

,

1985

by

a

vote

of

~

—/

&7~,.

/L~~’

Dorothy

M,fGun~,

Clerk

Illinois Pollution Control Board

62-239