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