ILLINOIS POLLUTION CONTROL BOARD

September

20,

1985

ELECTRIC ENERGY, INC~,

Petitioner

PCB ~5—l4

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

Res

ooriient

INTERIM ORDER OF THE

BOAR

h~ J. A:~derson):

Thi-; permit appeal wa~

fi~eJ

January 28, 1985, cha1.leugin~

conditions of NPDES Permit No~

1L0004171

concerning Electric

Energy Inc’s. (EEl) outfal:L 3’1CY~

The challenged

conditions

involve a new p11 limit and new

iron

d:Lscharge limits arid sampling

requirements, and their

January 30,

1985, effective date.

Hearing was held on June 4, 1985, at which the parties

proposed a stipulated

settlenent

of this action which contains a

schedule for construction

of a modified system to be com)leted

by

December 1986.

Also introduced at nearing as

Joint

Exhibit No. 1

was a draft NPDES permit the Agency would propose to issue in

the

event the Board responded favorabi

to the parties’ request

t:hat

the Board “enter an Order binding the Parties to the terms o~

this Stipulation” (Stip.,

~par, :0).

In response to a June l3Int cnn Order of the Board, on June

24 the parties filed

what.

is :ifl essence a revised stipulation,

denominated as a “Joint Motion

To

Reconsider” the Interim

Order.

In that motion, the pa:r

t:Les

cited “technical Facts

and

legal assertions”

based on the Agency permit appeal record, ~ind

have requested the Board to “exercise its independent judgnient

to make proper indings of

fact

and

conclusions of law to

make

a Final adjudication

of this permit appeal”

,

and to accept the

proposed stipulation. The

parties specifically have requested

the Board to determine the lega:L issue of whether iron or pH

limitations may be imposed on the settling lagoon, to avoid any

future litigation of these issues

of

the sort that has thrice

occurred concerning the pH

limitation

(see Joint Motion, par.

43)

Finally, the

Joint Motion reiterates

the parties’ intent

that “the Stipulation shall

~±

~ll and void unless the Board

shall approve and

dispose of ih:Ls matter

on each and everyone of

the terms and conditions set

forth

therein~. However, EEl has

agreed to waive

the decision date in the event the Board is

unable to approve the St.ipuhation

,

to allow the parties

sufficient

time to recommend

the Board an alternative

method

For resolution of this proceedin~.

65-483

---

This StipuLation

iar~.Jected. The

Board

assumes that the

factual stipulat:Lons

and

legal assertions presented herein are

null and void

unless the

stipulation is accepted; the Board

therefore can

make nc findi:rigs on

the basis of this record, The

Board, though,

~‘ishes

to

nate.

that if a re—routing of the

settling lagoon disehar e

from the

cooling water bay to the

condenser inlet s

trucrure

::~ designed to create a totally

enclosed system, the E~oard

tQou~dagree

that the discharge to a

water of the state

issue would be eliminated.

However,

acceptance

of the st1puI~t:ionwouhd amount to a

grant of a one

year variance.

The

Boa~d ~s scu:cc:or

authority

to grant such

relief in the

context or:

.~

~~uL ep eeL

public

notice

requirements

arid

statutory

recutrements for proof by petitioner

are different

in each actiua. The Board

notes, however, that

neither the

Act nor

the Board roles preclude

EEl from petitioning

for variance

at t;his time..

Given the

re:ject~:;u

tirra

stipulation, the parties must

devise an “alternative

rr:-uruct’~to

ci low

completion of the record

and Board resolution u:

::i~i~

na~t.ar; by

the filing of an amended

factual and legal

stiic.~~n h.~,’ the

scheduling of hearing to

accomplish the

purpose, ni: r~r

other

appropriate method. As this

matter is due for

decision

October

31, in the absence of an

additional waiver,

the

Board

directs

that the parties file a

statement

indicat:irig how :.ho ‘fiSh to

proceed with this

matter on

or before

October 8., 19h5.,

Assorn:ing

issuance of a sufficient

waiver, the Board would

entertain

a motion for stay of this

appeal pending

the outtame od a.i~y variance

proceeding.

IT IS

SO

OR)Jf REd

I, Dox.othy M. Goon, :~.le~:Kat ~ :iiiiiois Pollution ConLroi

Board hereby

certi~~ythsc: the eheve

Interim Order was adopted on

the

7~-~ day of:

____________,

1985, by a vote

of

-7-a

‘d~/’L~

~

~

~f

~

I

~)or

ath.y H

.

dunn

,

Clerk

tilinois

Pollution Control Board

d.~