ILLINOIS POLLUTION CONTROL BOARD

March 25,

1976

Complainant,

Respondent.

PCB 75—156

ORDER OF THE BOARD

(by Mr.

Zeitlin):

The final Opinion and Order of the Board in this matter was

entered on February

11,

1976.

The Board there found Respondent

City of Pekin to have operated a solid waste management site in

violation of the Environmental Protection Act and Chapter

7:

Solid

Waste, of the Board’s Rules and Regulations.

In pertinent part,

the Board’s Order required that Pekin,

“close said site in conformity

with the Rules and Regulations of this Board, pursuant to a plan

of closure prepared by Respondent and acceptable to the Environmental

Protection Agency.

Such plans shall be submitted to the Environmental

Protection Agency within thirty

(30) days of the date of this Order.”

Order No.

2, at p.

4.

On March 15,

1976 the Board received Pekin’s Motion to Stay

the above Order, pending appeal by Pekin to the Illinois Appellate

Court, Third District.

On March 18,

1976,

the Board also received

Pekin’s Motion for Oral Argument in this regard.

Although Pekin’s Motion for Stay is accompanied by an affidavit

executed by the City’s Mayor,

as well

as other exhibits,

it raises

no new issues.

Each of the points

in that Motion was raised at the

November 21, 1975 public hearing, and considered by the Board in its

February 11, 1976 Opinion and Order.

Opinion at

3.

The Motion for

Stay must be denied.

The Motion for Oral Argument

is hereby denied.

IT IS SO ORDERED.

I, Christan L.

Moffett, Clerk of the Illinois Pollution

Control Board, hereby certi y the above Order was adopt d

on the ~

day of

__________,

1976,

by a vote of

-

stan

L. Moffett

Illinois Pollution

ENVIRONMENTAL PROTECTION AGENCY,

v.

CITY OF PEKIN,

.4