ILLINOIS POLLUTION CONTROL BOARD

September

29,

1975

MONSANTO COMPANY,

)

Petitioner,

)

vs.

)

PCB 75—331

ENVIRONMENTAL PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD

(by Mr. Henss):

On September 15,

1975 the Agency filed a Motion to Dismiss.

Essentially the Agency contends that the Agency is prohibited

by law from issuing an operating permit unless the Petitioner

proves that it is

in compliance with the Regulations or obtains

a variance; that in this particular instance there is “no

question that Petitioner is in violation of Rule 204(c) (1) (A)”,

Air Pollution Regu1at~onsand that therefore the appeal of the

permit denial should be dismissed.

~e agree that the Agency is prohibited by law from issuing

an op3rating permit: unless the permit applicant is in compliance

with the

Statute and Regulations or has obtained an appropriate

variance.

In this particular case, Monsanto has requested a

variance which has been docketed as PCB 75-330 and has been

consolidated with this permit appeal.

Under these circumstances

we will not dismiss the permit appeal at this time.

Failure of

Monsanto to obtain variance from a valid

SO., Regulation would

necessitate

a dismissal of the permit appeal but this

is

a

question which could await the decision of the Board following

a hearing of the consolidated cases.

The Motion to Dismiss

is denied.

I, Christan L. Moffett, Clerk of the Illinois Pollution Control

Board, hereby certify the above Order was adopted the

~?4’~’

day of

______________,

1975 by a vote of

41—0

Illinois Pollution ~bntro1 Board