ILLINOIS POLLUTION CONTROL BOARI)

February 14,

1973

CITIZENS

FOR

A

BETTER

ENVIRONMENT,

Complainant

~73—l9

v.

GLENVIEW NAVAL AIR STATION,

Respondent.

ORDER

OF

THE

BOARD

(BY

SAMUEL

T.

LAWTON,

JR.):

Complaint was filed against Glenview Naval Air Station,

Glen-

view,

Illinois, alleging violation of Section 403 of

the

Water

Pollution Regulations and Section 12(a)

of

the

Environmental Pro-

tection Act as a result of discharges of certain contaminants

into

waters tributary to the Chicago River.

A motion to d~smisswas filed by the United States Attorney

for the Northern DiJtrict of Illinois on behalf of Glenview Naval

Air

Station

alleging

that

Respondent

is

a

facility

of

the

Depart-

ment

of

the

Nav~:,

which

is

part

of

the

executive

branch

of

the

United States Government, and accordingly,

immune from suit by

reason

of

sovereign

immunity.

An

answer

to

the

motion

to

dismiss

was

filed

by

complainant.

A

reply

to

the

answer

was

filed

by

respondent, which we have carefully considered and do not believe

sustains respondent’s contention of sovereign immunity.

The Illinois Environmental Protection Act defines nerson as:

“Person is any individual, partnership, co—partner-

ship, firm,

company, corporation,

association,

joint

stock company,

trust,

estate,

political subdivision,

state agency,

or any other legal entity,

or their legal

representative,

agent or assigns”(Section 3(1)).

All vpersons~so defined

are subject to

the provisions

of

the Act

unless immunity in some form can be demonstrated.

Section 313 of the Federal Water Pollution Control Act Amend-

ments of 1972 expressly provides that each department,

agency

or

instrumentality of the executive,

legislative or judicial branches

of the Federal government shall comply with state and local require-

ments

respecting

control

and

abatement

of

pollution,

exceot

under

7—119

---

certain

specified

circumstances

not

applicable

to

the

instant

oro-

ceeding.

We

believe

that

sovereign

immunity

has

been

waived

in

this

respect

and,

accordingly,

deny

Respondent’s

motion

to

dismiss.

(Sec

California

v.

Davidson,

1 ERC

1899,

1 ELR 20606,

N.

D.

Cal.,

Jan—

uarv

17,

1971,

construing

comparable provisions

of prior legislation)

Complainant

is authorized

to amend

the

caption

of

the

case

to

reflect

that Glenview Naval Air Station

is

a

facility

of

the

Department

of

the

Navy,

which

is

a

part

of

the executive branch of

the

United

States Goverrimen~.

The Board finds that

the complaint

filed herein

is

nei

thier

f~rivoious

nor

duplicitious

and

directs

that

hearing

be

hold

accordinqlv.

IT

IS SO ORDERED.

I,

Christari ~1offett, Clerk

of

the

Illinois

Pollution

Control

Board,

certify

that

the

above

Order

was

adopted

on

the

/&I~day

of

Fcbruar’•,

1973,

by

a

vote

of

.~,

to

O

—2—