ILLINOIS POLLUTION CONTROL BOARD

March 19, 1987

HOPKINS AGRICULTURAL

)

CHEMICAL COMPANY,

)

Petitioner,

v.

)

PCB 87—8

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD (by B. Forcade):

On February 13, 1987 Hopkins Agricultural Chemical Company

(hereinafter “Hopkins”) filed a renewed motion for stay. Various

subsequent pleadings were filed by Hopkins or the Agency on

February 17, 18 and 19 and March 2, 3, 5, and 17, 1987. Hopkins

requests that the Board stay the contested conditions “to

preserve the status quo” (Renewed Motion, p. 3) “prior to the

rendition of the contested conditions” (Reply Memorandum, pp. 8—

9). The Illinois Environmental Protection Agency (“Agency”)

asserts that any stay of the production limits in the new permit

would not preserve the status quo (Agency Response, unnumbered

page). Unfortunately, neither party provides the Board with a

factual recita~ionof what the “status quo” was prior to the

imposition of the contested conditions. Consequently, the Board

has had to probe a significant record (which was filed late),

without benefit of guidance from the parties, to determine what

activities were allowed under the old permit and how the

contested conditions might disrupt this status quo.

It would appear from the record that the old permit is No.

75100069 (date issued December 5, 1985). That permit authorizes

Hopkins to produce 9 products on its four granular lines and

places production limits on those 9 products. The subsequent

permit application requests permission to produce new products.

The presently

contested permit grants permission to produce the

same 9 products at the exact same production levels, but also

permits production of 19 new products and sets production limits

for them.

Hopkins has never made clear in its pleadings whether it is

asking this Board to stay the authority to produce these new

products or whether it is seeking to stay any and all limitations

on the production of these new products. The Agency has done

little to illuminate this issue either.

76-370

---

Consequently, the Board finds that the record before it is

inadequate to reach a decision on the merits of the stay. The

Board directs that the parties file briefs not later than March

30, 1987. Those briefs should clearly and concisely define what

the limitations were under the old permit, which conditions of

the new permit disrupt this “status quo,” what conditions or

portions of conditions are subject to the stay request and how

the “status quo” will be preserved by the grant or denial of a

stay.

IT IS SO ORDERED.

Chairman J.D. Dumelle dissented.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, ~jeby certif~ythat the above Order was adopted on

the

/7~’-

day of

/7~

a-~--~~-~

,

1987, by a vote of

~

Dorothy

42~

M. /Gunn,

~

Clerk

2J~

Illinois Pollution Control Board

76.371