ILLINOIS POLLUTION CONTROL BOARD

July

25,

1972

METROPOLITAN SANITARY DISTRICT

OF GREATER CHICAGO

v.

)

#

72—111

ENVIRONMENTAL PROTECTION AGENCY

ENVIRONMENTAL PROTECTION AGENCY

#

72—135

METROPOLITAN

SANITARY DISTRICT

)

Opinion

& Order of

the

Board on Motion

for

Clarification

and

Stay

(by Mr. Currie):

Our order of June

29,

1972

in

these

cases

granted a variance

on

certain conditions including the payment

of

money penalties for

past violations.

Desiring to seek judicial review, the District asks

us

to

stay the penalty pending review,

and to clarify whether payment

of

the penalty

is

a condition of the variance.

It is,as

the

order

says; but in accord with precedent

(e.g., Spartan Printing Co~

V.

EPA,

#71-19

(June 23,

1971), we grant the stay pending review, waiving

appeal bond pursuant

to

statute since a government body is involved.

We

also stay the provision making the variance conditional on the

payment of penalties,

also pending review,

in order that the condition

will

not interfere with the right of judicial review.

I,

Christan Moffett, Clerk

of the Pollution Control Board, certify

that the Board adopted the above Opinion

&

Order on Motion for

Clarification

&

Stay this

25

day of July,

1972,

by

a vote of~—~(

/~

L

5

-~

53