ILLINOIS POLLUTION CONTROL BOARD
    May
    20,
    1976
    THE QUAKER OATS COMPANY,
    )
    Petitioner,
    v.
    )
    PCB 75—439
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by Mr.
    Goodman):
    On May
    3,
    1976 Respondent herein filed its Motion for Reconsider-
    ation by the Board of its March 25, 1976 Opinion and Order.
    The
    Motion consisted of an affidavit of James B. Park,
    Supervisor of the
    Standards Unit of the Planning and Standard Section of the Division
    of Water Pollution Control of the Environmental Protection Agency
    (Agency).
    In his affidavit Mr.
    Park states “case-by-case decisions
    by the
    Board are of no help to the Agency in making the judgments
    it must
    make as to what constitutes
    ‘waters’”.
    The Board agrees with this
    statement but finds that case—by—case decisions are necessary where,
    as here,
    the technical criteria necessarily used by the Agency do not
    result in a reasonable answer to the problem.
    The Board does not
    criticize
    the criteria used by the Agency in reaching its decision,
    but it finds
    in this particular
    case that the final decision of the
    Agency based on such criteria was not reasonable.
    Respondent’s attention is directed to the last paragraph of
    the Opinion with respect to its value as precedent.
    Respondent’s Motion for Reconsideration
    is hereby denied.
    IT IS SO ORDERED.
    Mr. Young abstained.
    21
    —433

    —2—
    I, Christan
    L.
    Moffett, Clerk of the Illinois Pollution
    ontrol
    Board,
    hereby certify the above Order was adopted on the____________
    day of
    ~
    ,
    1976 by a vote of
    ‘/b
    Illinois Pollution
    Board
    21
    —434

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