ILLINOIS POLLJTIO~C0NT~OLBOARD

November

6,

1986

ILLINOIS POWER COMPANY

(Vermilion

Power

Plant),

Petitioner,

V.

)

PCB 86—12

ILLINOIS ENVIRONMENTAL

PROTECTION AGE~CY,

Respondent.

MS. MARILI MCF~N, SOHIFF HARDIN

& WAITE, APPEARED

ON

BEH~LE OF

ILLINOIS POWER COMPANY.

MS. KATHLEEN EASEl,

ATTORNEY

AT LA;~, APPEARED

ON BEHALF

OF TH:

ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY.

OPI~IO~AND ORDER OF THE BOARD (b~R.

C.

Flemal):

This matter comes before the Board upon

a January

21,

1986,

oetition

for review o~reissued NPDES

Permit No.

1L0004057 filed

on behalf of the Illinois

Power Company

(“IPC”).

Hearing was

held

on August

27,

1986,

in Danville,

Illinois,

at which

the

parties

and on~member of

the public were

in attendance.

IPC

filed

its posthearing brief

on October

17,

1985;

the Illinois

Environmental Protection Agency

(‘1Agency”)

and

IPC filed response

briefs

on October

24 and October

31,

resoectively.

In

its petition IPC contested

fifteen conditions

of the

permit,

as

reissued

on December

23,

1985,

on

a combination

of

procedural

and “factual”

grounds.

On the basis of

these

arguments,

IPC requested that the permit

be remanded

to the

Agency.

At

hearing

(R.

at 14)

and

in its subsequent response brief

the Agency admitted

to the procedural

errors,

at

least

in part,

based

ucon

a Board holding

in Illinois Power

Company

(Hennepin

Power

Plant)

v.

Illinois Environmental Protection Agency,

PCB

85—

119, March

20,

1996,

and July 11, 1986.

The Agency further

asserts

that this matter must be remanded

to

it before

the

admitted procedural errors can be

rectified.

On

this basis,

the

Agency also

reouests that the oermit be remanded.

Inasmuch

as the two parties have no disagreement

over

the

essential action required

in this matter,

the Board will h~rein

remand

the permit

to the Agency

for reconsideration consistent

with

the mandated procedures

for Agency reviewof

NPDES oermits.

74-30

---

IPO also

requests

that the Board address

some

of the

contested “factual”

matters at

this time.

Among others,

IPC

requests that the Board

rule

on

the question of whether

certain

of

the Vermilion plant’s wastestreams might

be correctly

characterized

as “internal wastestreams”.

The Board declines to

do

so at this

time.

Consistent with

its holding

in Hennepin,

the

Board believes that rectification of the procedural errors

is

a

necessary prelude

in

this

instance

to consideration of any

of the

other matters of possible dispute.

ORDER

The Illinois Environmental Protection Agency’s December

23,

1985,

reissuance

of NPDES permit No.

1L0004057

is hereby vacated

and

this matter

is remanded

to the Agency

for

further

action

consistent with this Opinion and Order.

IT

IS

SO ORDERED.

I,

Dorothy

M.

Gunn, Clerk

of the Illinois Pollution Control

Board,

hereby certify

that the above Opinion

and Order

was

ado~tedon the _______________________ day ~

,

1985,

by

a vote of

____________.

~

~

~

Dorothy

M. ~‘unn, Clerk

Illinois Pollution Control Board