ILLINOIS POLLUTION CONTROL BOARD
    December
    27,
    1971
    U.
    S.
    INDUSTRIAL CHEMICALS COMPANY,
    DIVISION OF NATIONAL DISTILLERS
    AND
    CHEMICAL CORPORATION
    )
    #71-44
    v.
    ENVIRONMENTAL PROTECTION AGENCY
    SUPPLEMENTAL OPINION AND ORDER OF THE BOARD
    (BY MR. LAWTON):
    On October
    14,
    1971,
    the Board entered an Order granting U.
    S.
    Industrial Chemicals Company
    a variance to exceed the particulate
    emission limitations set forth in the Rules and Regulations Governing
    the Control of Air Pollution,
    subject to terms, conditions
    and time
    schedules
    set
    forth in said Order.
    Paragraph
    4 of the Order provided
    as follows:
    ~The•Company shall, within thirty-five
    days after receipt of
    this Order,
    post with the Agency
    a bond or other security
    in
    the amount of $500,000.00,
    in a form satisfactory
    to the
    Agency, which
    sum
    shall be forfeited
    to the State of Illinois
    in
    the event
    that the
    conditions
    of this order are not complied
    with or the facilities in question are operated after expira-
    tion of these variances in violation of regulation limits.”
    On December
    20,
    1971,
    the Board received
    a Motion for Stay of
    Order pending review of the Order in the Appellate Court, which
    motion asserted that the petitioner and the Environmental Protection
    Agency have been unable to agree on
    a form of bond,
    and accordingly,
    petitioner
    is not able to comply with the Board’s Order in this respect.
    We
    stay our Order of October 14,
    1971
    as to the bond,to January
    17,
    1972,
    and direct the petitioner and the Agency,
    respectively, prior
    to
    said date,
    to submit to the Board the form of bond proposed by each
    party.
    After receipt of the proposed bond forms, weshall
    issue
    a
    further Order directing the form of bond to be posted,
    and such further
    order
    as to stay as shall be appropriate
    in the circumstances.
    In
    all other respects,
    the motion for stay of our October
    14,
    1971 order
    is denied so that petitioner may proceed with
    its program of compliance
    as contemplated by our order.
    I, Christan Moffett, Acting Clerk of the Pollution Control Board,
    certify that the
    ab~ve
    Supplemental Opinion and Order was adopted
    on the
    ~7
    day of
    ~
    ,
    1971 by
    a vote of
    4—0.
    3— 323

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