ILLINOIS POLLUTION CONTROL BOARD

April 24, 1975

THE METROPOLITAN SANITARY DISTRICT

OF GREATER CHICAGO, a municipal

corporation,

Petitioner,

V.

)

PCB 75—133

THE ENVIRONMENTAL PROTECTION

AGENCY,

Respondent.

INTERIM ORDER OF THE BOARD (by Mr. Zeitlin)

The Metropolitan Sanitary District of Greater Chicago

(Sanitary District) filed this case as a Permit Appeal on

March 27, 1975. At the same time, (as a part of its Petition)

the Sanitary District requested that any hearing or deter-

mination on the merits by this Board be deferred pending

resolution of a related enforcement action, EPA v. Metropolitan

Sanitary District of Greater Chicago, PCB 75-112, Insofar

as the Sanitary District has subsequenily filed an acequate

waiver of its right to determination of this matter within

90 days, the Board finds that this request is reasonable.

The Sanitary District has stated that

it

is of the opinion

that common acts and questions of law will be determinative

of both this matter and the pending enforcement case. While

the Board does not, by this Order, accept the Sanitary

District~scontention as to such commonality of facts or

questions of law, we do not see any reason why this matter

should not be deferred at Petitioner~srequest.

IT IS SO ORDERED.

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, here~ certify that the above Order was

adopted on the ~~day

of _______________________________

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to

e~

Christan L. Moffe~t,.~Clerk

Illinois Pollution E~ontrol Board