ILLINOIS

IVLI~UTlON(‘ONTROL I3OARI)

January

24,

11)72

ENVIRONMENTAL

PROTECTION

AGENCV

)

)

v.

)

#71—25

CITY OF

MARION

CITY OF

MARION

)

v.

)

#71-225

)

ENVIRONMENTAL

PROTECTION AGENCY

)

Order of

Board

on

Motion for Stay

(by

Mr.

Currie):

On October 28,

1071

we entered

an order

approving the

City’s program

for upgrading

its

sewage

plant,

on several

conditions,

some of which

have been

appealed.

The City asks

a

stay pending appeal,

and the

Agency

asks us to deny it.

The Agency’s

response does not

deal

with what we

deem a central

issue

In this

motion,

namely,

the

allegation

In the

accompanying affidavit that

the Agency has

denied a permit

for the pro-

posed improvements

and therefore

that

the posting of the required bond

will

result

in automatic

forfeiture

of

a

substantial

suaL

ic

the

program

has

been Installed for

insufficiency of the plans

submitted,

we need to

know

that

and to

modif~your order accordingly.

We cannot intelligently pass on

the City’s

motion

in the absence

of such Information.

Action on

the motion

Is Therefore deferred pending receipt

of additional

information

on

that

issue

from

the Agency and its

recommendation,

if any for revision

of

the

order.

I,

Christan L.

Moffett,

Clerk of the

Pollution

Contm 1

I4oarcl certily

that

the Board adopted the above order

this

24th

day of January, .1972 by

a

vote of 3-0.

/

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3—511