ILLINOIS POLLUTION
    CONTROL
    BOARD
    February 4, 19~2
    rrJ.INOIS ENVIRONMENTAL PROTECTIOt~ AGENCY,
    )
    Complainant,
    v.
    )
    PCB 80—185
    PIELET BROS. TRADING, INC.,
    Respondent.
    ORDER OF TUE BOARD (by J. Anderson)~
    On
    January
    20, 1982 Pielet moved for a stay of the Board’s
    Order of December 17, 1981. The paragraphs of that Order provide
    respectively
    1) that Pielet violated various provisions of Chapter
    2 and 7, and of
    the
    Act 2) that Pielet cease and desist
    from
    said
    violations, and 3) that it pay a monetary penalty of $7,500.
    Pi~l~tseeks a stay because it has petitioned the Fifth District
    ppellate Court to review the Order. Issues presented for revie~i
    are whether a permit is required for operation of the site and
    whether a two—year statute of limitations applies to enforcement
    actions brought before the Board.
    The Agency filed a partial objection to the stay on
    Tanuary 27, 1982. It does not object to a stay of the payment
    0C
    the penalty, or of that portion of the cease and desist order
    relating to the Chapter 7, Rule 202(a) operating permit require—
    ment. It believes however that to stay the balance of the Order
    “~‘iould unnecessarily excuse Pielet from ~ornpliancewith minimal
    environ’iental standards not in and of themselves at issue on
    appeal
    .
    The Board finds the Agency’s arguments highly persuasive.
    As the Board noted in its Opinion, while Pielet vigorously argued
    the two legal issues it has presented ~or appellate review, it did
    not controvert, explain, or otherwise attempt to mitigate evidence
    concerning violations of daily operating requirements, or the Act’s
    prohibitions against open burning and open dumping (Opinion at 2,.
    4). A stay of the Board’s Order in its entirety would therefore
    not only hari~the environment, but would provide Pielet with
    relief from requirements and prohibitions whose applicability it
    did not contest at hearing.
    45—265
    2
    Paragraph 3 of the Board’s Order of December 17, 19S1 is
    stayed.
    IT IS SO ORDERED.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, her by certify that the above Order was adopted on
    the
    day of
    1982 by a vote o~ ~/-O.
    Christari L. Moffe Clerk
    Illinois Pollutio ntrol Board
    45—266

    Back to top