ILLINOIS POLLUTION CONTROL
BOARD
July 10, 1980
CATERPILLAR TRACTOR COMPP~NY,
)
Petitioner,
v.
)
PCB 80-3
ENVIRONMENTAL PROTECTION AGENCY,
)
Respondent.
ORDER OF THE BOARD
(by D.
Satchell):
On June 4,
1980 Caterpillar Tractor Company
(Petitioner)
filed a motion for reconsideration of the Board’s Order of
May 1,
1980.
This Order granted in part Petitioner’s March
24,
1980 motion for stay of NPDES permit conditions but denied
it in other respects.
The Board acknowledges that its previous
Order may be in conflict with its Opinion and Order of May 1,
1980 in Peabody Coal Company v.
EPA, PCB 78-296.
The Board’s
previous Order will therefore be withdrawn.
The motion
for
reconsideration is granted.
In its motion Petitioner argues that the permit conditions
are new and discretionary within the meaning of the Board’s Order
of February
7,
1980.
Petitioner’s arguments may be correct.
However, the Board will,
on reconsideration, grant the requested
stay without addressing these issues in detail since the Environ-
mental Protection Agency has filed no response.
The following
permit conditions will be stayed for ninety days from the date of
this Order:
1.
The mass effluent limitations found in Attachment
B;
2.
Paragraph
6 of Attachment
13;
3.
Paragraph
1 of Attachment H;
and
4.
Paragraph 13 of Attachment H.
IT IS SO ORDERED.
I,
Christan
L. Moffett,
Clerk of the Illinois Pollution
Control Board,
hereby certify that the above Order was adopted
on the /~~±‘~
day of
________,
1980 by a vote of
4’..../
Christan L. Mof ~
Clerk
Illinois Pollution Control Board