ILLINOIS POLLUTION CONTROL BOARD

December 19,

1974

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

)

vs.

)

PCB 71—259

CITY OF MONMOUTH,

)

)

Respondent.

ORDER OF THE BOARD

(by Mr. Henss):

This enforcement

case

was remanded to the Board by the

Illinois Supreme Court for the sole purpose of determining

whether “special conditions” which were imposed by the EPA in

a permit which was issued pursuant to Board Order were improper.

The proceeding, when it was originally commenced, did not in-

volve a permit but was a prosecution alleging that Monmouth had

violated Section 9(a) of the Environmental Protection Act by

the emission of obnoxious odors from a sewage lagoon operated

by the City.

While appeal was pending the Agency issued a permit

for installation of a gas collection cover on the lagoon.

The

controversy over certain conditions which were imposed by the

Agency in the permit was first raised in the Appellate Court.

The Supreme Court has disposed of all other issues but has ordered

us to consider whether the permit conditions were proper.

We scheduled this matter for hearing pursuant to the remanding

order of the Illinois Supreme Court but the parties have now filed

a Joint Motion asking that we dismiss the matter as moot.

Both

the City of Monmouth and the Environmental Protection Agency request

that the hearing we had scheduled be cancelled.

The parties state that the permit which had been challenged

before the Appellate Court and Supreme Court

is no longer operative

and forms no basis any longer for any reliance by any party.

Since

the issuance of the permit, the Board has adopted a complete new

set of water regulations which have entirely altered the require-

ments applicable to the subject lagoon, and the waste water treatment

system of the City of Monmouth has been redesigned.

The City of

14

—687

---

—2—

Monmouth is now in possession of a different permit which was

issued January 23, 1974 with

terms substantially different from

the terms of the original permit.

The parties state that no

cause in controversy any longer exists in relation to the March 10,

1972 permit and no meaningful remedy could be afforded any party

irrespective of any Board decision regarding the propriety or

impropriety of the special conditions imposed by the Agency in

the

pre—existing

We

agree

with

the

parties

that

the

case

is

ORDER

It

is

the

Order

of

the Pollution Control Board that:

1.

This

cause

is

dismissed

as

moot.

2.

The

hearing

heretofore

scheduled

in

this

cause

cancelled.

I,

Christan

L. Moffett, Clerk of

the

Illinois

Pollution

Control

Board, I~çrebycertify

the

above

Order

wa1s

adopted

this

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dayof~Jj!14)t~O~,i,l974byavoteof

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I

14—688