ILLINOIS POLLUTION CONTROL BOARD

February

2,

1989

VILLAGE OF BLOOMINGDALE,

Petitioner,

)

 PCB 85—25

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD

(by

3.

 Marlin):

On January 11,

 1989,

 the Illinois Environmental Protection

Agency (Agency)

 filed

 a Motion

 to Dismiss

 the Village of

Bloomingdale’s

 (Bloomingdale)

 permit appeal

 which

is

 the subject

of this proceeding.

 The appeal challenges two conditions of

Bloorningdale’s National Pollutant Discharge Elimination System

(NPDES)

 permit concerning ammonia nitrogen effluent

 standards.

In

 its motion,

 the Agency states that Bloomingdale

is

in

‘~substantialcomoliance” with the ammonia nitroqen limits

and

that the appeal

 is moot as

 a result.

On January

27,

 1989,

 the Board

 received

 a copy of

 a letter

dated January

25,

 1987, which was sent

 to counsel

for

Bloomingdale by counsel

 for the A~ency.

 That letter states:

This

 letter

 memorializes

our

 conversation

earlier

 today

 wherein

you

 stated

 your

position

 that

you

 would

not

 oppose

the

Agency’s Motion

 to Dismiss

if

 you could

 have

assurances

 that

the

 Agency

 would

 not pursue

enforcement

 action

 against

 Bloorningdale

for

missed

 interim

 deadlines

in

 their

 ammonia

nitrogen

 compliance

 plan.

As

 Bloomingdale

met

the

 final,

 July,

 1988,

 deadline,

and

is

now

in

 substantial

 compliance

 with

NH3

limits,

 I can assure you

 that

 further

 action

on

 missed

 interim

 deadlines

 will

not

be

pursued,

 either

by

 this

 Agency

or

by

the

Attorney General’s Office.

Bloomingdale

 filed

 a Motion

 for Leave

to

 File Response

Instanter

 as well as

 a Response on January

30,

 1989.

 The motion

to file

 a response

 instanter

 is hereby granted.

In

 the Response,

 Bloomingdale agrees that

 a permit appeal

 is now moot.

 However,

Bloorningdale expressly states that

 reaches

 its conclusion

in

reliance upon “the representations made by the Agency

 in the

letter

to

 the Village

 Bloorningdale

 dated January

25,

 1989....”

96—01

2

The

 Agency’s motion

 is granted,

 and this matter

is

dismissed.

 The Board notes that

it

 is not bound by a unilateral

assurance, given by the Agency, that neither

 the Agency nor the

Attorney General will bring

 an enforcement action concerning

a

particular requirement.

 Similarly, such

 an assurance does not

preclude

 an enforcement action brought by

 a member of the public.

Section 41

 of the Environmental Protection Act,

 Ill. Rev.

Stat.

 1985 ch.

111

1/2

 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 ~iat the above Order

 was adopted on

the

 day of

 1989,

 by a vote

of

7—c)

/

~ /

Dorothy

 M. •~unn, Clerk

Illinois P~1lution Control

 Board

96—r2