ILLINOIS POLLUTION CONTROL BOARD

February

7,

1980

MONTEREY COAL COMPANY,

)

Petitioner,

v.

PCB 79-276

ENVIRONMENTAL PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD

(by Dr. Satchell):

On January 16,

1980 Monterey Coal Company

(Monterey)

filed

a r~newedmotion for stay and on January 21,

1980

a motion

for

expedited consideration of its renewed motion,

On January 28,

1980 the Environmental Protection Agency

(Agency)

filed an ob-

jection to the renewed motion for stay.

Monterey states that the permit in question is a new,

rather .than

a reissued permit.

The permit lists three discharges:

001 is the north portal sewage treatment plant

(STP)

discharge;

002

is an emergency overflow from the recirculation pond;

and

002A is the main mine STP discharge into the recirculation pond.

The mine has beeh

in existence since 1970 but first obtained an

NPDES permit in 1979.

Monterey did not apply for an NPDES permit

for 002 because representatives

of the United States Environ-

mental Protection Agency

(USEPA) informed it that an NPDES permit

was not required since the recirculation pond provided runoff

storage for a 10—year recurring rainfall.

Monterey believed the

main mine STP discharge 002A, into the recirculation pond, was

not into waters of the state,

Monterey does not mention when

001 came into existence or why there has been no previous NPDES

permit for it.

The stay

is rec~uestedfrom the effluent limits and monitoring

requirements for 002 and002A

only.

Since the monitoring require-

ments are new discretionary terms, they will be stayed for ninety

days.

The Agency contends that the effluent limitations are the

same as those contained

in various regulations and that they are

therefore mandatory.

However, Monterey contends that it was ad-

vised by USEPA that

a permit was not required for emergency over-

flow 002.

The Agency has not alleged that the law has changed

37—355

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—2—

since then to mandate inclusion of emergency overflows.

Since

the Agency has exercised discretion in

the matter of the permit

requirement,

the effluent limitations

for 002 will also be stayed

for ninety days.

With respect to 002A the Agency has exercised

discretion in designating the discharge point or in requiring

segregation of waste streams.

Therefore 002A will be stayed also.

Stay of effluent limitations will not constitute a variance from

Board regulations.

The motion to expedite

is moot.

Petitioner is granted a stay for ninety days from the date

of this Order or until entry of a Final Order in this proceeding,

whichever occurs first,

of the following permit conditions:

the

monitoring requirements and effluent limitations for outfalls 002

and 002A.

IT IS SO ORDERED.

I, Christan

L.

Moffett, Clerk of the Illinois Pollution

Control Board, hereby ~er’~ify the above Order was adopted on

the

day of

~

1980 by a vote of

4~.

~~1inoisPol1ution~ontro1Board

37—356