ILLINOIS POLLUTION CONTROL BOARD
    July 31, 1986
    VILLAGE OF SAUGET,
    Petitioner,
    )
    V.
    )
    PCB 86—57
    ILLINOIS ENVIRONMENTAL PROTECTION
    AGENCY,
    Respondent.
    MONSANTO COMPANY,
    Petitioner,
    v.
    )
    PCB 86—62
    ILLINOIS ENVIRONMENTAL
    )
    (Consolidated)
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by
    3. Anderson):
    On July 11,
    1986, Sauget
    filed
    a motion to stay enforcement
    of the reissued NPDES permit for its physical/chemical plant.
    No
    responses thereto have been filed.
    In
    its motion,
    Sauget correctly notes
    that, pursuant
    to
    16(b)
    of the Illinois Administrative Procedures Act,
    as construed
    in Borg—Warner Corp.
    v. Mauzy,
    100 Ill.
    App.
    3d 873 (1981),
    Sauget’s prior NPDES permit remains in effect during the pendancy
    of the appeal
    of
    a reissued permit.
    Sauget also correctly notes
    that the Board in Electric Energy
    v.
    IEPA, PCB 85—14, February 7,
    1985,
    determined that entry
    of
    a Board stay order
    is unnecessary
    as
    the stay provided
    by Section 16(b) of the APA is automatic.
    Sauget nonetheless petitions for entry
    of a formal stay order,
    because o~f its receipt of
    a letter from USEPA on June 16
    concerning this reissued permit,
    as well as the new permit for
    the American Bottoms Regional Treatment Facility which
    is the
    subject of the PCB 86—58 appeal.
    This letter states
    in pertinent
    part that USEPA “considers these permits
    to be
    in full force and
    effect regardless of the status of the appeals before the IPCB”,
    and specifically mentions interest
    in ensuring that two special
    conditions of this reissued permit are “complied with on time”.
    71-410
    —2—
    The Board grants Sauget’s motion insofar
    as
    it hereby finds
    that Sauget’s statement of Illinois law is correct.
    However,
    the
    Board cannot “stay” the contested conditions
    of the reissued
    permit,
    as these conditions have no force
    arid effect during the
    pendancy
    of this appeal; state law dictates that the prior
    permit
    is the permit which is currently
    in effect.
    IT
    IS SO ORDERED.
    I, Dorothy
    M.
    Gunn, Clerk
    of the Illinois Pollution Control
    Board, hereby certify tha~th~above Order was adopted on
    the
    3i~’~
    day of
    ___________________,
    1986 by a vote of
    -~‘~‘.
    r
    /
    ~.
    Dorothy M.
    Gi~nn, Clerk
    Illinois Pollution Control Board
    71-411

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