ILLINOIS POLLUTION CONTROL BOARD
    October
    2,
    1980
    BORG-~ARt’IERCORPORATION,
    Petitioner,
    v.
    )
    PCB 80—116
    ILLINOIS ENVIRONMENTAL PROTECTION
    AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by
    I. Goodman):
    The parties herein have requested that the Board
    clarify
    the status of this case with respect to Board ordered stays of
    permit conditions and hearings.
    Petitioner is now in the Circuit Court challenging the initial
    issuance of the permit in question.
    They are also before the Board
    challenging certain conditions within the questioned permit.
    The
    problem the Board faces is whether to go forward with the permit
    appeal
    in the face of the possible decision by a circuit court
    that the permit did not indeed issue.
    At the present time there
    exists a Board Order staying the challenged permit conditions and
    hearing until November
    7,
    1980.
    The Board arrived at that date by
    merely allowing 120 days for
    a Circuit Court decision in the appealed
    case.
    Terming the Circuit Court case a permit appeal in one of the
    Board orders has apparently caused some confusion.
    The Board does not favor staying action in a case before it
    due primarily to the possibility of continuing environmental harm.
    We therefore generally issue
    limited stays so that we may review
    the situation periodically.
    It appears that that policy will not
    be effective
    in this matter.
    In this case the Board will,
    on its
    own motion,
    stay these proceedings until such time as the Circuit
    Court of LaSalle County has ruled on plaintiff’s complaint filed
    with that court on June
    6,
    1980.
    The Board takes this action
    reluctantly but acknowledges that the case before the Board may
    become moot.
    Weighing heavily in our decision is the fact that
    petitioner is presently operating under an existing permit
    issued by the United States Environmental Protection Agency which
    presumably offers protection from harm to the environment.
    In
    addition petitioner has filed an unconditional waiver before the
    Board.
    All proceedings in this matter are hereby stayed until
    such time as the Circuit Court of LaSalle County,
    Illinois issues
    a decision in Borg—Warner Corporation v. Mauzy,
    et al.,
    No.
    80—MR—51
    (Circuit Court,
    LaSalle County,
    Illinois).
    IT
    IS
    SO
    ORDERED.
    —2—
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Bop5d, hereby
    ertify that the above Order was adopted
    on the
    ~
    day of
    _____________,
    1980 by a vote of ~O
    Christan L. Mo~4kt, Clerk
    Illinois Pollution Control Board

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