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