ILLINOIS POLLUTION CONTROL BOARD

August 22,

1991

VILLAGE OF SAUGET

)

Petitioner,

)

v

)

PCB 86—57

PCB 86—62

ILLINOIS ENVIRONMENTAL

)

(Consolidated)

PROTECTION AGENCY,

)

(Permit Appeal)

)

Respondent.

MONSANTO COMPANY,

)

Petitioner,

)

v.

)

PCB 86-58

PCB 86—63

ILLINOIS ENVIRONMENTAL

)

(Consolidated)

PROTECTION AGENCY,

)

(Permit Appeal)

)

Respondent.

ORDER OF THE BOARD

(by R.

C.

Fleinal):

By Order of December

15, 1988,

the Board affirmed in part,

denied in part, and modified in part the permit conditions of the

NPDES permit issued by the Agency to the Village of Sauget

(“Sauget”).

Sauget and Monsanto Company sought review of the

Board’s Opinion and Order in the Fifth District Appellate Court.

On December 13,

1990, the Court issued its ruling which reversed

the Board’s decision and remanded the case for further

proceedings.

Villacre of

Saucret and Monsanto Company v. IPCB,

566

N.E.

2d 724,

152 Ill.

Dec. 847

(Ill. App. 5th Dist.

1990).

Among other things, the Court found that:

In light of the procedural deficiencies at the agency

level and the failure of the Board to cure the

deficiencies, we deem it appropriate in this case to

vacate the contested conditions in the AB Facility

NPDES permit and to order the Board to direct the IEPA

to issue a new draft permit.

The Court’s mandate issued July 10,

1991.

125—301

---

2

Consistent with the court’s remand, the Board reinands this

matter to the Agency for further action consistent with the Fifth

District Appellate Court Opinion.

IT IS SO ORDERED.

I, Dorothy M.

Gunn,

Clerk of the Illinois Pollution Control•

Board, hereby cer~ifythat the above Order was adopted on the

,~Aé..±

day of

-~7

,

1991, by a vote of

7-e~

~.

Dorothy M. ~tunn, Clerk

Illinois Pollution Control Board

125—302