ILLINOIS POLLUTION CONTROL BOARD

January 31,

1972

AGRICO CHEMICAL CO.

v.

)

#

PCB 71—211

ENVIRONMENTAL PROTECTION AGENCY

Opinion and Order of the Board on Motion for Stay

(by Mr. Currie):

Our order of December

21,

1971 granted Agrico

a variance

on certain conditions including

a bond and

a money penalty.

Appealing these last two conditions, Agrico asks that we stay them

pending appeal.

To stay the bond would make that requirement

meaningless,

as the bond would be moot before an appeal is over;

we must deny the stay to that extent.

We will stay the penalty on

condition that

a bond be posted assuring payment of

the penalty,

with

5

interest

so the State does not lose because of the delay,

since the date of

payment

is

of little concern so long as the

penalty is collected.

Spartan Printing Co.

v.

EPA,

#

71-19

(Oct.

14

,

1971).

It is

so ordered.

I, Christan Moffett,

Clerk

of the Pollution Control Board, certify

that

the Board adopted the above Opinion an~Order of the Board

on Motion for Stay this

day of

~

,

1972

byvoteof

,~_•u

.

CI

3

—

533