ILLINOIS POLLUTION CONTROL BOARD
    January
    10,
    1974
    ENVIRONMENTAL PROTECTION AGENCY,
    Complainant,
    vs.
    PCB 72—316
    ILLINOIS CENTRAL RAILROAD COMPANY
    (WAMAC)
    Respondent.
    ORDER OF THE BOARD
    (by
    Mr.
    Seaman)
    On
    November
    28,
    1973,
    Respondent,
    Illinois Central
    Railroad Company
    (WAMAC)
    ,
    filed
    its Petition
    to Modify
    Opinion and Order
    in the captioned cause.
    Petitionel
    requests
    that the Poard clarify its Opinion and Order
    dated October
    18,
    1973,
    in the captioned
    cause.
    Specifically,
    Petit;ioner requests that we enumerate
    the statutes,
    rules or regulations we found Petitioner
    to have violated.
    Suffice
    to state
    that this Board found
    Petitioner
    to have violated
    each and every statute,
    rule
    or regulation set out in the first paragraph
    of our
    October
    18,
    1973,
    Opinion and Order.
    This Board found that
    Petitioner caused or allowed it effluents to contain settleable
    solids, floating debris, visible oil, grease, scum or
    sludge solids and color, odor and turbidity above obvious
    levels,
    thereby causing or contributing to the pollution of
    Fulton Creek.
    The violations
    from which Petitioner was ordered
    to cease and desist are those enumerated in the preceding
    sentence herein.
    Petitioner further requests that the Order imposing a
    fine be suspended pending decision by the Illinois Supreme
    Court in a case now before it wherein the authority of the
    Board to access a
    fine is to be decided and in the event the
    Supreme Court finds there
    is no power to access
    a fine such
    as the one in question, then the fine in this cause be
    vacated and set aside and in the event said court decides that
    the Board does have power to access
    a fine such as the one
    at bar, then the fine be paid within
    35 days
    from the
    publication of the decision or the date said decision becomes
    final.
    Vqe are disposed to suspend until April
    1,
    1974,
    the
    payment of the penalty assessed in our Opinion and Order of
    October 18,
    1973.
    IT
    IS SO ORDERED.
    10
    —597
    —2--
    I,
    Christan
    L.
    Moffett,
    Clerk of the Illinois Pollution
    Control Board,
    certify that the above Order was adopted
    on the
    f~1’1 day
    of
    ~
    ,
    ,
    1974 by
    a vote
    of
    .~-
    to
    ‘4~i.
    ~:/
    10
    —
    598

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