ILLINOIS POLLUTION CONTROL BOARD
September 11, 1986
VILLAGE OF SAUGET,
Petitioner,
v.
)
PCB 86—58
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
Respondents.
MONSANTO COMPANY,
)
Petitioner,
v.
)
PCB 86—63
ILLINOIS ENVIRONMENTAL
)
(Consolidated)
PROTECTION AGENCY,
)
Respondents.
ORDER OF THE BOARD
(by 3.
Anderson):
On August
14,
1986,
the Agency moved
the Board
to reconsider
its July 11, 1986 Order allowing Monsanto
to proceed with
a third
party appeal
of an NPDES permit issued
to Sauget.
While now
conceding that third party appeal rights exist
in the NPDES
permit context, the Agency asserts that the Board may not have
authority
to grant
some of the relief that Monsanto may request,
and that the Board
incorrectly allowed Monsanto’s appeal
to
proceed since Monsanto did not request
a hearing as required by
35
Ill. Adm. Code l05.102(b)(3).
No responses have been filed by
Sauget or Monsanto.
The motion for reconsideration
is granted.
Upon
reconsideration,
the Board reaffirms its July 11, 1986 Order.
To
the extent that Monsanto may seek relief which it
is beyond
the
Board’s authority
to grant,
the Board may decline to grant it at
the appropriate
time.
The hearing
request issue was thoroughly
discussed
in the prior Order and
no additional comment is
necessary.
IT IS SO ORDERED.
B.
Forcade dissented.
72.273
—2—
I, Dorothy
M.
Gunn, Clerk of the Illinois Pollution Control
Board, l)ereby certify that 7the above Order was adopted on
the
//~Z
day of
___________________,
1986
by a vote of ~5—/
Dorothy
M.
Gunn, Clerk
Illinois Pollution Control Board
72-274