ILLINOIS POLLUTION CONTROL BOARD
    ~June
    22, 1939
    MONSANTO COMPANY,
    Petitioner,
    v.
    )
    PCB 88—206
    Docket
    B
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    ORDER OF
    THE BOARD
    (by
    .3.
    Marlin):
    On May 31,
    1989, Monsanto Company
    (Monsanto)
    filed
    a Motion
    to Modify Board Order.
    The Illinois Environmental Protection
    Agency filed
    no response.
    Monsanto
    is requesting
    that the Board modify its Order
    of
    April
    27, 1939
    so
    as
    to change
    the timing of events concerning
    the implementation
    of Monsanto’s compliance plan.
    Specifically,
    Monsanto asserts
    the actions described
    by paragraph #2,
    subdivisions
    (g),
    (h) and
    (i) cannot be performed separately.
    Therefore, Monsanto requests that one deadline apply to all three
    actions.
    Monsanto’s requested
    change does not alter
    the ultimate
    compliance date set forth by
    the Board’s April 27, 1989 Order.
    flonsanto also requests that
    the wording of paragraph
    #2
    be
    altered
    so that
    it
    is clear
    that the required compliance
    activities may be accomplished prior
    to the specified deadlines.
    The Board finds these changes
    to
    be reasonable.
    Monsanto’s
    motion is granted.
    The Board hereby amends paragraph #2 of
    its Order
    dated
    April 27,
    1989
    to read as
    follows:
    2.
    Monsanto
    shall
    achieve
    compliance
    by
    completing
    the following actions
    in or before
    the
    month
    and
    year
    corresponding
    to
    each
    action:
    Action
    Month/Year
    a)
    Binding agreement made
    for design of process
    5/89
    b)
    Application for con-
    struction permit
    6/89
    10(1—231
    2
    c)
    Construction permit
    approved
    9/89
    d)
    Binding agreement made
    for purchase of equipment
    9/89
    e)
    Field construction
    initiated
    9/89
    f)
    Equipment delivered
    to site
    11/89
    g)
    Construction and installa-
    tion complete, equipment
    started up and
    tested to
    demonstrate compliance,
    and
    equipment fully operational
    3/90
    Within 45 days after
    the date
    of this Order, Monsanto shall
    execute and send
    to the Agency a Certificate of Acceptance by
    which
    it agrees
    to be bound
    by the terms
    and
    conditions of the
    variance as set forth
    in the Board’s Order
    of April
    27, 1989 and
    as amended by this Order.
    The executed Certificate shall
    be sent
    to:
    Illinois Environmental Protection Agency
    Attention:
    James O’Donnell
    Enforcement Programs
    2200 Churchill Road
    Springfield, IL
    62794—9276
    The 45—day period
    shall be held
    in abeyance for any period during
    which this matter
    is appealed.
    Failure
    to execute and forward
    the Certificate within 45 days renders
    this Variance void and
    of
    no force
    and
    effect.
    The
    form of
    the certification shall
    be
    as
    follows:
    CERTIFICATION
    I,
    (We)
    ,
    having read
    the Orders
    of the Illinois Pollution Control Board
    in PCB 88—
    206(B), dated
    April
    27,
    1989 and June
    22,
    1989, understand
    and
    accept the Orders,
    realizing that such acceptance renders
    all
    terms and
    conditions thereto binding and enforceable.
    Petitioner
    Authorized Agent
    100—232
    3
    Title
    Date
    Section 41
    of the Environmental Protection Act,
    Ill.
    Rev.
    Stat.
    1987 ch.
    11ll/~ par.
    1041,
    provides
    for appeal of final
    Orders of
    the Board within
    35 days.
    The Rules of the Supreme
    Court of Illinois establish filing requirements.
    IT IS SO ORDERED.
    I, Dorothy
    M. Gunn,
    Clerk of
    the Illinois Pollution Control
    Board, hereby certify
    t the above Order was adopted
    on
    the
    ‘c~’~c’day
    of
    --
    ,
    1989,
    by
    a vote
    of _________________________*
    Dorothy M.,~inn, Clerk
    Illinois P~’o~11utionControl Board
    100—233

    Back to top