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