ILLINOIS POLLUTION

CONTROL

BOARD

November

19,

1981

OUTBOARD

MARINE

CORP.

V.

Petitioner,

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY,

Respondent

ORDER

OF

THE

BOARD

(by J. Anderson):

)

)

PCB 81—170

On October

28,

1981 Outboard Marine Corp.

filed

a motion

to

stay certain conditions

in

NPDES Permit No.

1L0002267,

which

is

the

subject

of

this

appeal.

On November

9,

1981 the Agency filed

an

opposition

to the motion.

During the pendency of the appeal

of the above

numbered

permit,

the prior

permit remains

in effect Bor9—Warner

Corp.

v.

Mauzy~et

al., No.

81—13,

slip.op,

at 12—13

(3rd Dist,

App.,

October

8,

1981), Album,

Inc.

v,

IEPA,

PCB 81—23,

24

(March

19,

t931),

Dean

Foods v.

IEPA,

PCB 81—151

(November 5,

1981).

The

motion

for stay

is accordingly denied as unnecessary.

The Board notes that a Circuit Court Order has

been

entered

which

apparently holds the statutory

90 day

decision deadline

applicable

to appeals of NPDES permit

conditions

Illinois

Power

Co~v.IPCB, No,

80 MR 254 (Madison

County

Circuit

Court,

October

30,

1981).

Appellate review

of

this Order has been

soughL.

However,

under that Order decision

in

this

matter would

be

due

January

21,

1982.

To protect all parties~ rights

to

make

a

full record in

this

action

and

to receive a decision on its merits,

unless this

decision

date is waived,

the

Board directs that

hearing

shall

be

scheduled

within 15

days and

held within 45 days

of the date

of

this

Order.

IT

IS

SO ORDERED.

I,

Christan

L. Moffett,

Clerk of

the

Illinois Pollution

Control

Board,

hereb

certif

that

the above

Order was adopted

on

the

day of

~

1981

by a vote of ~

istan L.

Mof:

Illinois Pollution

44—115