ILLINOIS POLLUTION CONTROL BOARD
    January
    4,
    1979
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    )
    PCB 78—41
    CARGILL, INC.,
    a Delaware corporation,
    Respondent.
    ORDER OF THE BOARD
    (by Mr. Werner):
    On December 28,
    1978, Cargill,
    Inc.
    filed a Motion for
    Modification of Order which requested that the Board modify its
    previously entered Order
    (of December 14,
    1978)
    to provide that the
    Respondent will be allowed up to February 14, 1979
    in which to
    submit the requisite Construction Permit applications to the Agency
    for a catalytic incinerator system.
    On January
    2,
    1979, Cargill filed a Motion to Withdraw Motion
    for Modification of Order citing the reason that Cargill,
    Inc. and
    the Agency have entered into discussions which are likely to lead
    to a joint motion.
    The Respondent’s Motion to Withdraw Motion for
    Modification of Order
    is hereby granted.
    On January
    3,
    1979,
    the parties
    in this case filed a Joint
    Motion for Modification of Order.
    The modification requested is
    to paragraph
    3 of the Board’s Order dated December 14,
    1978, which
    the parties have agreed to read as follows:
    3.
    Cargill,
    Inc.
    shall comply with all the terms and
    conditions of the Stipulation and Proposal for
    Settlement filed November
    3,
    1978, which is incorporated
    by reference as if fully set forth herein.
    Notwithstand-
    ing the terms of paragraphs
    17 and 18 of said Stipulation,
    Cargill will submit to the Agency applications
    for all
    required construction permits for the incinerator
    system on or before February 14,
    1979.
    The Agency shall
    make its decision on said applications within 45 days
    after the receipt thereof, and this
    45 day decision
    period shall not constitute “delay” within the meaning
    32—337
    —2—
    of paragraph 23 of the Stipulation for purposes of
    extending other agreed time limitations.
    The eight
    month time period described in paragrph 18 of the
    Stipulation shall be reduced by one day for each day
    that elapses after January 14,
    1979 until Cargill
    submits the construction permit applications to the
    Agency.
    All other time limitations provided in the
    Stipulation for actions to be taken by Cargill shall
    remain unchanged,
    and shall be unaffected by the
    provisions contained herein.
    The Joint Motion for Modification of Order is hereby granted
    and paragraph
    3 of the Board’s Order of December 14,
    1978 is hereby
    modified in accordance with the aforementioned agreement of the
    parties.
    IT IS SO ORDERED.
    I,
    Christan L.
    Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify the above Order was adopted on
    the
    L/~
    day of
    ________________,
    1979 by a vote of
    4/_p
    Illinois Pollution
    rol Board
    32—338

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