ILLINOIS POLLUTION CONTROL BOARD
    February
    2,
    1989
    ARCO PRODUCTS COMPANY,
    )
    Petitioner,
    v.
    )
    PCB 89-5
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by
    3.
    Marlin)
    On January
    31,
    1989,
    ARCO Products Company
    (ARCO) filed
    a
    Motion
    for Stay requesting that the terms of the National
    Pollutant Oischarqe Elimination System
    (NPDES) permit which
    is
    the subject of
    the instant appeal
    be
    stayed pending
    the Board’s
    final decision
    in this matter.
    ARCO further
    states that
    it
    realizes that whiie
    a stay is
    in effect,
    it will be obligated
    to
    conform
    to the
    terms and conditions of one previously
    issued
    NPDES permit.
    Finally, ARCO asserts
    that the Agency has no
    objection
    to
    the entry of such
    a
    stay.
    In matters concerning
    the renewal of an NPDES permit,
    Section
    16(5)
    of
    the Illinois Administrative Procedure Act
    (APA)
    governs, and the effectiveness of the renewed permit
    is stayed
    pending
    the challenge of
    that permit.
    The prior NPDES permit
    remains
    in effect during
    the aopea!
    of the renewed
    permit.
    Section
    16(b)
    of the Illinois Administrative Procedure Act,
    Ill.
    Rev.
    Stat.
    1987,
    ch.
    127,
    par.
    1016(5); Borg—Warner
    Corporation
    v.
    Mauzy
    100 Iii. App.
    3d 862,
    427 N.E.2d 415
    (1981).
    In such
    situations
    the entry of
    a
    stay order
    is unnecessary as the stay
    provided by Section
    16(b)
    of
    the APA is automatic.
    Village of
    Sauget
    v.
    Illinois Environmental Protection
    Agency,
    PCS 86—57,
    Monsanto Company
    v.
    Illinois Environmental Protection
    Agency,
    PCB
    86—62 (Consolidated~, (July
    31,
    1986);
    Electric Energy
    v.
    Illinois ~nv1ronmentai
    Protectlon Agency,
    PLE 85—~4 ~Feoruary
    7,
    1985)
    Since the Board has
    no reason
    to believe that ARCO should
    not receive
    an automatic
    stay,
    ARCO’s motion
    is moot
    in
    so
    far
    as
    a stay
    is conferred
    as
    a matter
    of
    law.
    IT
    IS
    SO ORDERED.
    06—33
    2
    I,
    Dorothy
    M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify ~Jiatthe above Order
    was adopted on
    the
    ~
    day of
    ~
    ,
    1989, by a vote
    of
    7-c
    Dorothy M(/Gunn~Clerk
    Illinois ~ollution Control Board
    96—34

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