ILLINOIS POLLUTION CONTROL BOARD
    December 5, 1986
    ILLINOIS POWER COMPMJY
    )
    (Wood River Plant),
    )
    Petitioner,
    )
    V.
    )
    PCB 85—84
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    Respondent.
    MS. MARILI MCFAWN, SCHIFF HARDIN & WAITE, APPEARED ON BEHALF OF
    ILLINOIS POWER COMPI½NY.
    MR. RICHARD WARRINGTON, ATTORNEY AT LAW, APPEARED ON BEHALF OF
    THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY.
    OPINION AND ORDER OF THE BOARD (by J. D. Dumelle):
    This matter comes before the Board upon a June 18, 1985,
    petition for review of reissued NPDES Permit No. 1L0000701 filed
    on behalf of the Illinois Power Company (IPC). Hearing was held
    on July 29, 1986, in Alton, Illinois, at which the parties and no
    members of the public were in attendance. IPC filed its
    posthearing brief on October 24, 1986; the Illinois Environmental
    Protection Agency (Agency) and IPC filed response briefs on
    November 10 and 14, respectively.
    In its petition IPC contested seven conditions of the
    permit, as reissued on May 20, 1985, on a combination of
    procedural and “factualt’ grounds. On the basis of these
    arguments, IPC requested that the permit be remanded to the
    Agency.
    At hearing (R. at 8) and in its subsequent response brief
    the Agency admitted to the procedural errors, at least in part,
    based upon a Board holding in Illinois Power Company (Hennepin
    Power Plant) v. Illinois Environmental Protection Agency, PCB 85—
    119, March 20, 1986, and July 11, 1986. The Agency further
    asserts that this matter must be remanded to it before the
    admitted procedural errors can be rectified. On this basis, the
    Agency also requests that the permit be remanded.
    Inasmuch as the two parties have no disagreement over the
    essential action required in this matter, the Board will herein
    remand the permit to the Agency for reconsideration consistent
    with the mandated procedures for Agency review of NPDES permits.
    74-156
    —2—
    IPC also requests that the Board address some of the
    contested “factual” matters at this time. Among others, IPC
    requests that the Board rule on the question of whether certain
    of the Alton plant’s wastestreams might be correctly
    characterized as “internal wastestreams.” The Board declines to
    do so at this time. Consistent with its holdings in Hennepin,and
    in IPC (Vermilion Power Plant) v. IEPA, PCB 86—12 (Nov. 6, 1986)
    the Board believes that “rectification of the procedural errors
    is a necessary prelude in this instance to consideration of any
    of the other matters of possible dispute.” (IPC v. IEPA, slip.
    op. at 2).
    ORDER
    The Illinois Environmental Protection Agency’s May 20, 1985,
    reissuance of NPDES permit No. IL00007O1 is hereby vacated and
    this matter is remanded to the Agency for further action
    consistent with this Opinion and Order.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above O~nion and Order was
    adopted on the
    5
    t~iL
    day of
    /‘~~
    ,
    1986 by a vote
    of
    _____________
    ~
    ~-~
    /2~
    ~
    /
    ‘~DorothyM. Gunn, Clerk
    Illinois Pollution Control Board
    74-157

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