ILLINOIS POLLUTION CONTROL BOARD

March 28, 1972

NORTH SHORE SANITARY DISTRICT

v.

)

~

71—36

ENVIRONMENTAL PROTECTION AGENCY

Supplementary Order of the Board (by Mr. Currie):

Following Appellate Court reversal of our order denying

this variance from the phosphorus standards applicable to Lake

Michigan, we re-examined the evidence and again denied the

variance, interpreting the reversal as a remand for further

proceedings because the court had held we had relied on matters

not in the record before the court (March 7, 1972). Subsequently

we received an amended order from the court indicating that in

reversing it had intended to grant the variance

.

We have

authorized an appeal from that amended order.. In the meantime,

however, the District has moved that we withdraw the March

7 order on the ground that it is contrary to the court’s re-

vised order. It clearly is inconsistent and therefore is

hereby vacated without prejudice to the rights of the Board

in further judicial review. We may not deny what, the court

has granted.

I, Christan Moffett, Clerk of the Pollution Control Board,

certify that the Board adopted the above Supplementary Order

this 28th day of March, 1972, by a vote of 5-0.

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