ILLINOIS

POLLUTION

CONTROL

BOARD

May

12, 1971

LLOYD A. FRY ROOFING CO.

)

)

V.

)

##

71—4,

71—33

)

)

ENVIRONMENTEL

PROTECTION

AGENCY

)

Opinion

of

the

Board

(by

Mr.

Currie)

:•

This

case

was

coimnenced

by

the

filing

of

a

variance

petition

respecting

air

contaminant

emissions

from

a

roofing

plant

in

Su!mnit.

Subsequently

a complaint was filed against the company by a group

of

citizens,

and the two proceedings were consolidated for hearing

purposes.

At the close of the oomplainants’ case they filed a

motion asking that we enter a temporary cease—and—desist order

restraining the company from emitting contaminants pending completion

of the hearing.

The

analogy

of

course

is

to

a

temporary

restraining

order

or

preliminary

injunction

entered

by

a

court

of

equity

in

order

to

prevent

irreparable

harm

while

the

main

case

is

being

tried.

The

Environmental

Protection

Act,

however,

does

not

grant

this

Board

authority

to

enter

such

an

order.

Board

orders, authorized

by

section

33(a)

of

the

Act are “final” orders entered after

consideration of the evidence and arguments submitted at the

hearing, not after the close of one party’s case; and the emergency

enforcement provisions of section

34

authorize the Agency to take

summary action to seal an offending facility, not the Board to

enter orders before completing its hearings.

There may well be

cause for interim relief in some cases of severe pollution, but

the place to obtain such relief is in court.

The

motion

is

denied.

This

opinion

constitutes

the

Board’ s

findings

of

fact,

conclu~ions of

law,

and

order.

I,

Regina

E.

Ryan

do

hereby

certify

that

the

above

Opinion

was

approved

by

the

Board

on

the

1971