ILLINOIS POLLUTION CONTROL BOARD
    July 10,
    1980
    BORG-WARNER CORPORATION,
    Petitioner,
    V.
    )
    PCB 80—116
    ILLINOIS ENVIRONMENTAL PROTECTION
    AGENCY,
    Respondent.
    ORDER. OF THE
    BOARD
    (by
    I.
    Goodman):
    Petitioner’s June
    6,
    1980 Motion for Expedited Ruling on
    Motion for Stay is hereby granted.
    Petitioner alleges that each of the below objected—to NPDES
    permit conditions are new ones and,
    since not the result of any
    change
    in law or regulation or in operation of the plant, or of
    any showing of “public need,” the Board should allow stay of
    these three conditions pending final disposition of Petitioner’s
    permit appeal.
    Ammonia—nitrogen Concentration and Load Limitations
    in Process Discharge No.
    OO1C.
    Petitioner contends its Linmar
    plant
    is exempt under Rule 406 of Chapter
    3 from any discharge
    limitations because the untreated waste load is less than 50,000
    population equivalents.
    Petitioner complains that the Agency’s
    interpretation of Rule 406 imposes a discharge limitation
    “even
    though the impact of the untreated waste
    load is less than 50,000
    population equivalents.”
    Petitioner alleges its untreated
    waste
    load is less than 50,000 population equivalents and the Agency’s
    June
    12,
    1980 opposition to the motion does not refute this.
    For
    this reason, stay of these limitations
    is granted.
    Condition 3A, Attachment B-2.
    Petitioner pleads that
    “inclusion
    ...
    without specific application to the particular
    facility for which the permit is issued is
    ...
    unlawful.”
    Although Petitioner does not state why it is unlawful,
    it states
    that the temperature of the upstream receiving waters may be
    higher than the
    “natural” temperature.
    The provisions of Rule
    402 of Chapter
    3 convince the Board that a stay is appropriate.
    Special Condition 2, Attachment G.
    Petitioner merely
    alleges that the Agency had no authority in state or federal laws
    or regulations to impose this condition.
    This
    is insufficient to
    convince the Board that a stay should be granted.
    —2—
    The Board hereby orders stay of the
    following conditions in
    Petitioner’s NPDES Permit No. 1L0001929 for 120 days from the date
    of this Order:
    1.
    Ammonia—nitrogen
    concentration
    limitation
    in
    Discharge
    No.
    OO1C
    (daily
    maximum of 3.0
    rngll);
    2.
    Ammonia—nitrogen
    load
    limitations
    in
    Discharge
    No.
    001C
    (daily average of
    357
    lbs.
    and
    daily
    maximum
    of
    700
    lbs.);
    and
    3.
    Condition 3A, Attachment B-2.
    IT IS SO ORDERED.
    I, Christan L. Moffett,
    Clerk of the Illinois Pollution Control
    Board, hereb
    certify that the above Order
    1.las adopted on the
    _____
    day of
    ____________
    ,
    1980
    by a vote of
    ~
    Christan L.
    Mof ~k,
    Clerk
    Illinois Pollution Control
    Board

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