I LLINOIS
    POLLUTI ON
    CONTROL
    BOARD
    August
    5,
    1982
    ILLINOIS
    ENVI RONI?NTAL
    P ROTECTION
    AGENCY,
    Complainant,
    )
    PCB
    82—85
    GILT
    EDGE
    FARMS,
    INC.~ at
    al~
    Respondents0
    )
    ORDER
    OF
    THE
    BOARD
    (by
    D.
    Anderson):
    On
    June
    23, 1982 the Illinois Environmental
    Protection
    Agency
    (Agency)
    filed a complaint alleging violations in con-
    nection with a
    hog
    operation which was
    the
    subject of a previous
    variance
    (PCB
    81-85,
    January
    7,
    1982)
    and a pending enforcement
    action
    in
    Circuit Court in
    Stephenson
    County
    (80
    CH
    17).
    On
    July
    7,
    1982
    Gilt
    Edge Fa~ns~
    Inc..
    (Gilt
    Edge)
    filed
    a
    motion
    to stay alleging that the Circuit Court action was still pending
    by virtue of a counter~c1aimfor declaratory judgment which it
    had filed, and, further alleging that the Agency had not complied
    with the new notice of intent to file a complaint requirements
    of Section 31(d)
    of
    the
    Act.
    On
    July 16 Gilt Edge
    amended
    the
    motion,
    conceding that notice had indeed been given, but con-
    testing whether an adequate conference had been held.
    On July 15, 1982 the Agency responded to the first point
    of the original motion, stating that the Circuit Court action
    had indeed been dismissed
    on
    May 21, 1982.
    On July 16 the
    Agency responded to the amended motion, stating a conference
    phone call had been held in satisfaction of the requirements
    of Section 31(d)
    of the Act, after Gilt Edge refused to attend
    a meeting in Rockford.
    The Board finds that Section 31(d) has
    been satisfied.
    On July 20 Gilt Edge replied stating that the
    Circuit Court had not dismissed the eounterc1aim~
    In light of
    ambiguity as to the status of the Circuit Court action,
    the
    Board will not stay the enforcement action before it,
    The
    motion to stay is denied.
    IT
    IS SO ORDERED.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control~~ard,hereby certify that the above Or~erwas adopted
    on
    the
    ~
    day
    of_~~,
    1982
    by
    a
    vote
    of
    ~
    Cl
    ChristaK~’f7~1i~
    Illinois
    Pol1ution~ontro1
    Board
    47-509

    Back to top