ORDER OF THF BOARD

(by ~‘r.henss):

This enforcement case has been 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 and beyond

the scope of our Order~ These proceedings commenced on September

3,

1911 when the Agency filed its Complaint alleging that the City of

Ilonmouth had violated Section

9(a)

of

the Environmental Protection

Act b~t the emission of obnoxiocs odors from a sewage lagoon owned

and operated by the City~ On September

6,

1972

the Board found

TMonmouth cuilty of

t

~e violation as charged.

Monmouth was ordered

a.

Cease and desist from such violations within six

months,

b~ Submit complete plans, specifications and schedule

for covering the

lagoon

and incinerating the

hydrogen sulfide gas thus collected,

c,

Submit monthly progress reports to the Agency, and

d.

Pay penalty of $2,000 for the violations

founds

Monmouth

appealed to the Third District Appellate Court

for

review of the Board decision~ The Appellate Court vacated our

Order and remanded the case back

to the Board for further

proceedings.

The Agency and Board,

jointly, and the City of Monmouth filed

appeals to the Illinois Supreme Court seeking final adjudication

of this matter.

On May 29, 1974 the Supreme Court rendered its

a~ Upheld the Board~spower to impose monetary penalties.

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547

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b.

Rejected the contention of Monmouth that the

action brought against it

was

criminal in nature.

c,

Rejected the Monmouth contention that its citizens

who lived in an industrial area must suffer

without remedy any odors which are ordinarily and

necessarily prevalent.

d.

Upheld Section

9(a)

of the Environmental Protection

Act ~asproviding sufficient standards when read in

coniection with Sections 3(b), 3(d) and 33(c)

of

the Act.

e.

Upheld the Board’s finding that Section

9(a) had

been violated.

f.

Meld that the Board’s Order to cease and desist

the violation was moot,

since the problem had been

abated during the pendency of the appeal.

g.

Struck down the fine imposed because of Monmouth’s

good faith attempts to solve its problems within

the limitations of available technology.

h.

Remanded the cause to the Pollution Control Board

to consider whether the permit issued by the EPA

to the City pursuant to the Board’s Order, was

beyond the scope of the Order of the Board,

as it

contained conditions not directly related to that

Order.

The Supreme Court said “the record contains nothing which

indicates

the basis or reason for the imposition of the ‘special

conditions’~, and we conclude that the cause should he remanded to

the Board to consider whether the action of the Agency exceeds

the scope of its Order”.

Therefore,

the only matters now before

us are the reasons for imposition of the special conditions and

whether the EPA has exceeded the scope of the Board Order.

This

proceeding did not commence as a permit dispute but we are bound

to follow the Order of the Supreme Court.

The record is not

sufficient for us to resolve this

issue and we therefore remand

the case to the Hearing Officer for an additional hearing limited

to the issue which has been submitted to us by the Supreme Court.

As a part of that issue we would expect the parties to comment on

the procedure of declaring the validity or invalidity

of a permit

i.n the pending litigation.

It is the Order of the Pollution Control Board that this

cause be remanded to the Hearing Officer for a public hearing

regarding the special conditions

of the permit issued by the

Environmental Protection Agency to the City of Monmouth for its

sewage lagoon odor abatement project.

That hearing shall be for

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J.e ourpose of determanin~the

as~sor oeasoa to~a~e~

of

bhe CDecLa1 conditions

and for consicerang ~,ether the action

ot the Agency in imuosing those conditions

xceeleo t a scone of

the Board Order.

I,

Christan

L.

Moffett,

Clerk of the Illinois Poliution Control

Board, her by

ertify the above Order was adopted this

I~*’~

day of~~

~~~1974

by

a vote of \~to.

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