ILLINOIS POLLUTION CONTROL BOARD
    November
    17,
    1988
    CITY OF ST. CHARLES,
    Petitioner,
    v.
    )
    PCB 88—148
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by J.
    Marlin):
    On October
    31,
    1988,
    the City of
    St...
    Charles
    (St..
    Charles)
    filed
    a Motion to Extend Time
    for Pre—hearing Conference,
    Hearing,
    and To Stay Special Condition
    #10.
    The Illinois
    Environmental Protection Agency
    (Agency) filed
    a Statement
    on
    November
    16,
    1988.
    This matter concerns the appeal of special
    condition #10
    of
    a National Pollutant Discharge Elimination
    System
    (NPDES) permit issued by the Illinois Environmental
    Protection Agency
    (Agency)
    to St.
    Charles.
    By its October
    31,
    1988 filing,
    St. Charles
    is requesting
    that special condition
    #10
    be stayed pending
    the Board’s decision
    in this matter.
    The Agency’s Statement asserts
    that the Hearing Officer
    granted
    St. Charles
    a stay.
    It
    is
    the Agency’s position that
    a
    stay request should
    be
    ruled upon by the Board.
    The Board
    agrees.
    However,
    the Agency also asserts that St. Charles
    is
    entitled
    to
    an automatic
    stay and that the Agency has
    no
    objection
    to such
    a
    stay.
    In matters concerning
    the renewal
    of
    an NPDES permit,
    Section 16(b)
    of the Illinois Administrative Procedure Act
    (APA)
    governs,
    and the effectiveness
    of
    the renewed permit
    is stayed
    pending
    the challenge
    of that permit.
    The prior NPDES permit
    remains
    in effect during the appeal
    of the renewed permit.
    Section
    16(b)
    of the Illinois Administrative Procedure
    Act,
    Ill.
    Rev.
    Stat.
    1987,
    ch.
    127,
    par.
    1016(b); Borg—Warner
    Corporation
    v. Mauzy 100 Ill.
    App.
    3d
    862,
    427 N.E.2d 415
    (1981).
    In such
    situations
    the entry of
    a stay order
    is unnecessary as
    the stay
    provided by Section 16(b)
    of
    the APA is automatic.
    Village
    of
    Sauget
    v.
    Illinois Environmental Protection Agency, PCB 86—57,
    Monsanto Company
    v.
    Illinois Environmental Protection Agency,
    PCB
    86—62
    (Consolidated),
    (July
    31, l986)~ Electric Energy
    V.
    Illinois Environmental Protection
    Agency, PCB 85—14
    (February
    7,
    1985).
    93—461
    —2—
    Since
    the Board
    has no reason
    to believe that St. Charles
    should not receive
    an automatic
    stay,
    St. Charles’ motion
    is moot
    in so far
    as the stay
    is conferred
    as
    a matter of
    law.
    IT
    IS SO ORDERED.
    I,
    Dorothy
    M.
    Gunn, Clerk of
    the Illinois Pollution Control
    Board,
    hereby certfy
    that the above Order was adopted on
    the
    /7~—~
    day of
    ______________,
    1988,
    by
    a vote
    of
    7~
    Illino:
    Control Board
    93—462

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