ILLINOIS POLLUTION CONTROL I3OARD
    June 13,
    1985
    ELECTRIC
    ENERGY,
    INC.,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 85—14
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    INTERIM ORDER
    OF THE BOARD (by J. Anderson):
    This permit appeal was filed January 28,
    1985, challenging
    conditions of NPDES Permit NO.
    1L000417.
    concerning Electric
    Energy~S
    (Electric) Outfall 010.
    The challenged conditions
    involve a new pH
    limit and new iron discharge limits and sampling
    requirements,
    and their January 30, 1985, effective date.
    Hearing was
    held on June
    4,
    1985, at which the parties
    proposed
    a stipulated settlement of this
    action which contains a
    schedule for construction of
    a modified system.
    Also introduced
    at
    hearing as Joint Exhibit No.
    1 was a draft NPDES permit the
    Agency would propose
    to issue
    in the event the Board responds
    favorably to their request that the Board venter an Order binding
    the Parties to the
    terms
    of this Stipulation
    (Stip., par.
    10).
    The Board has had difficulty in dealing with settlements
    in
    permit appeal cases which involve Agency issuance of negotiated
    permits containing conditions
    for which no record exists ~‘setting
    out sufficient technical facts and legal assertions to allow the
    Board
    to exercise its independent judgment and to make proper
    findings
    of
    fact and conclusions of
    law.w
    Caterpillar Tractor
    Co. v~
    IEPA, PCB 79—180, Interim Order, June2, 1983,
    p.
    1—2.
    The
    Board
    has not issued Orders incorporating the
    terms
    of such
    stipulations as the Board does
    in
    enforcement cases,
    The
    Board
    has issued
    Orders
    dismissing the appeal and allowing ratification
    of a uvoidable permit, e.g., Caterpillar,
    supra, Final Order,
    cjuly
    14,
    1982? an Order simply dismissiüg
    the appeal, Vi11a~eof
    Sauget v.
    IEPA,
    PCB 79—87, July 19, 1984; and an Order remanding
    the permit
    to
    the Agency, Caterpillar Tractor Co.
    v. IEPA, PCB
    83*~58,March 7, 1985.
    The Board directs the parties to examine these cases and the
    concerns articulated
    therein, and
    to file
    with
    the Board their
    preferences
    as to the disposition
    of
    this case.
    As this case
    is
    presently due for decision June 27,
    such
    filings must be made on
    or before June 2l~extensions of this deadline will
    be
    granted in
    the event Electric waives the decision deadline.
    IT IS SO ORDERED
    84.259
    —2—
    I~Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hexeby certify that the
    above Interim Order was adopted on
    the
    J.3~’
    day of
    ______________________,
    1985, by a vote
    of
    -~f—o
    -.
    Ill
    Control Board
    84.260

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