ILLINOIS POLLUTION CONTROL BOARD
May 20,
1993
ST. CLAIR COUNTY,
)
Petitioner,
)
v.
)
PCB 93-51
)
(Landfill Siting Review)
VILLAGE OF SAUGET,
)
VILLAGE OF SAUGET PRESIDENT
and BOARD OF TRUSTEES,
and G.J.
)
LEASING COMPANY,
INC.,
a
)
corporation d/b/a CAHOKIA
)
MARINE SERVICE,
)
)
Respondents.
ORDER OF THE BOARD
(by J. Theodore Meyer):
This case is before the Board on respondent G.J.
Leasing
Company’s
May
7,
1993 motion to dismiss and motion for sanctions.
None of the other parties in this case have responded in writing
to that motion. although there was limited discussion of the
motion at the May 7,
1993 hearing in this matter.
In its motion to dismiss, G.J. Leasing notes that on April
8,
1993,
this Board allowed petitioner St. Clair County seven
days to file an amended petition, in order to properly allege
standing.
G.J. Leasing states that as of Nay
8
sic,
1993,
it
had not received an amended petition from the County.’
Thus,
G.J.
Leasing contends that the original petition for review is
procedurally defective, that filing of an untimely amended
petition will significantly prejudice G.J. Leasing, and that the
County’s failure to comply with the Board’s order “jeopardizes
the integrity of the Board’s power to impose orders.”
G.J.
Leasing asks that the County be sanctioned by dismissal of the
petition with prejudice,
or by entrance of judgment upholding the
Village of Sauget’s approval of G.J. Leasing’s application.
The Board initially notes that on May 5,
1993, we granted
the County’s motion to file
its amended petition instanter.
That
order and G.J. Leasing’s motion to dismiss apparently crossed in
the mail.
The amended petition differs from the original
petition only in that it properly alleges standing—-an issue that
The Board notes that G.J. Leasing’s motion to dismiss
was filed with the Board on May 7,
1993.
We assume that the
reference to May
8
is a typographical error.
r1
r’~r~’)
2
was resolved in the Board’s April
8,
1993 order.
(See Tr. at 7.)
Thus,
we find no prejudice to G.J.
Leasing from the late filing
of
the amended petition.
The motion to dismiss is denied.
IT IS SO ORDERED.
I,
Dorothy N. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify that the above order was adopted pn the
~
day of
-
,
1993,
by a vote of
~—c)
~tA~
J2~.
/L~Y
Dorothy N. ~nn,
Clerk
Illinois P~~LutionControl Board