ILLnqO.Is

POLLUTION

CONTROL

BOARD

Fei~ruary

17,

1982

ILLINOIS

POWER

COMPANY

)

(Hennepin Plant),

)

Petitioner,

v.

)

PCB

79—243

)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD

(by D. Anderson):

On February 8,

1982 Illinois Power Company ~nd Illinois

Environmental Protection Agency filed a joint motion requesting

that the Board enter an Order stating that NPDES Permit No.

1L0001554 “provide for and be interpreted in a manner consistent

with the following”.

The proposed Order attached to the motion

provides in general that monitoring is to be by free available

chlorine with a quarterly concentration curve,

that the dead

fish condition is to be interpreted as containing certain

specified language, and that other conditions are to be

generally interpreted consistent with the Board’s Orders of

October

2 and December 19, 1980 and the Appellate Court

decision.

Procedural Rule 502(b) (10)

provides as follows:

“The

order

of

the

Board entered pursuant to hearing

may

affirm or reverse

the. decision of the Agency,

in

whole

or

in

part,

may

remand

the

proceeding

to

the

Agency

for

the

taking

of

further

evidence,

or

may

direct

the

issuance

of

the

permit

in such form

as

it deems

just, based upon the law and

the

evidence.”

The

parties

have

asked

the.

Board

to

enter an

order

deeming

the

permit

to

read

something

drastically

different from what

is

written, on the face of it.

This

does.

not

conform

with. the

“affirm, reverse or remand’ alternatives of. Procedural Rule 502.

The. parties contemplate that certain, of the permit conditions

would depend on interpretation of the pre—hearing agreement,

45—383

---

—2—

two 3oard Orders, an Appellate Court decision,

t~.he. post—appeal

agreement and this Order.

It is possible

that

there ‘is still

room for disagreement over the precise language.’

This should

be settled now rather

than

in

the

event of a future enforcement

action.

The ‘Board will therefore remand the permit to the

Agency

for issuance of a permit modified in accordance with

the

agreement

and

referenced

materials.

If

there

is

further

disagreement,

a new appeal should be filed under a new docket

number.

IT

IS

SO

ORDERED.

I,

Christan L. Moffett, Clerk of the Illinois Pollution

Control

Board,

hereby

certify

that

the

above

Order

waE

adopted

on

the

/?‘~‘

day

of

__________,

1982

by

a

vote

of

‘/-ô

QL~

~

Christan L. Moff~~4j

Clerk

Illinois PollutioiT’Control Board

45—384