ILLINOIS POLLUTION CONTROL BOARD
September 15,
1976
BEN COOPER,
Petitioner,
v.
)
PCB 74—228
ENVIRONMENTAL PROTECTION
AGENCY,
Respondent.
ORDER OF THE BOARD
(by Mr. Goodman):
This matter comes before the Board upon the Second District
Illinois Appellate Court’s Order reversing the Board’s original
Order in this matter and remanding the cause to the Board.
See
15 PCB 67,
15 PCB 293.
The Appellate Court based its reversal upon the recent
Illinois Supreme Court case North Shore Sanitary District v. Pollu-
tion Control Board,
62 I11.2d
385,
242 N.E.2d376
(1976).
The Court
in NSSD,
supra, held that the Agency imposed sewer ban did not re-
voke pre-existing permits.
The Board, therefore,
revises its
Opinion of January
23, 1975,
and dismisses the variance petition
herein as moot.
IT
IS SO ORDERED.
I,
Christan L.
Moffett, Clerk of the Illinois Pollutio
~ontrol
Board, here
certify the above Order was a opted on the_____________
day ~
1976 by a vote of________________
~
Illinois Pollution Con
Board
2~—42a