ILLINOIS POLLUTION CONTROL BOARD
    September 11,
    1986
    VILLAGE OF SAUGET,
    Petitioner,
    v.
    )
    PCB 86—57
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    Respondents.
    MONSANTO COMPANY,
    )
    Petitioner,
    v.
    )
    PCB 86—62
    ILLINOIS
    ENVIRONMENTAL
    )
    (Consolidated)
    PROTECTION AGENCY,
    )
    Respondents.
    ORDER OF THE BOARD
    (by
    J.
    Anderson):
    On August
    14,
    1986,
    the Agency moved
    the Board
    to reconsider
    its July
    11, 1986 Order allowing Monsanto
    to proceed with
    a third
    party appeal of
    an NPDES permit issued
    to Sauget.
    While now
    conceding that third party appeal rights exist in the NPDES
    permit context, the Agency asserts that the Board may not have
    authority
    to grant
    some of the relief that Monsanto may request,
    and that the Board incorrectly allowed Monsanto’s appeal
    to
    proceed since Monsanto did not request a hearing as required by
    35 Ill.
    Adm.
    Code 105.102(b)(3).
    No responses have been filed by
    Sauget or Monsanto.
    The motion
    for reconsideration
    is granted.
    Upon
    reconsideration,
    the Board reaffirms its July 11, 1986 Order.
    To
    the extent that Monsanto may seek relief which
    it
    is beyond
    the
    Board’s authority
    to grant,
    the Board may decline
    to grant it at
    the appropriate
    time.
    The hearing request issue was thoroughly
    discussed
    in the prior Order
    and
    no additional comment
    is
    necessary.1
    IT
    IS SO ORDERED.
    B.
    Forcade dissented.
    72-271
    —2—
    I, Dorothy
    M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    hereby certify th
    ove Order was adopted on
    the
    //~-~
    day of
    ~
    ,
    1986 by a vote
    of
    ~5—/
    /~~4
    ~.
    Dorothy
    M.
    Gunn,
    Clerk
    Illinois Pollution Control Board
    72-272

    Back to top