October 30, 1975

MONSANTO

COMPANY,

)

Petitioner,

)

PCB 75—318

ENVIRONMENTAL

PROTECTION

CENCY,

)

Respondent.

INTERIM

ORDER

OF THE BOARD

(by

Mr.

Zeitlin):

Pursuant

to Petitioner’s Motion

(contained

in a “Response

to

Respondent~s

Reconsnendation”),

filed

October 21,

1975,

and

a

Waiver

filed

October

28, 1975,

this cause shall be set

for

hearing.

To

simplify

and expedite a hearing on

this matter,

we

should

make

clear

in

light of the many matters raised by

Potstsoner

that tne legal issue of wnether a permanent

VarIance

may

be granted by this Board should not be covered

at

hearing.

This

issue

is covered in the Board’s prior

Opinion~

Monsanto

v,

EPA, PCE 74—289,

currently being

appealed by Monsanto,

We

note

that

Monsanto

claims

an

:inaoility

to

meet

the

standards

for

its

mercury

effluent

contained

in

the

Agency’s

Necommendatson;

the

standards

objected

to

are

the

same as

those

containet

in our prior Variance Opinion and Order,

POE

74~289~supra,

That being the case,

we interpret this

Motion

as

add:~g

to the instant Variance Petition a further

request

for

Variance from the existing conditions in the

Variance

granted in POE 74—289,

—

~62

---

—2—

We

also note that

Petitioner did

~ut

file this request

for

Rearing

until the 82nd day of the statutory 90-day period

for

decision on a Variance,

and that some of the issues raised

now

by

Petitioner are

the

same as those decided

in the earlier

Variance case,

POE 74—289,

The Board’s adjudicative resources

are

limited,

and dilatory use of such resources cannot be

tolerated

This

matter

shall

be set for hearing.

IT

IS

so

ORDERED.

I,

Christan

L.

Moffett, Clerk of

the Illinois Pollution

Control Board,

hereby certify t e

above

Interim Order was

adopted on the

~

day

of

,

1975

by

a

vote

of

______

Chr~stanL.

Moffe

Illinois Pollutio

ontrol Board

19—