ILLINOIS POLLUTION CONTROL BOARD

May 16,

1985

~

A..

SABADOSH,

)

Petitioner,

)

)

PCB 85—71

ILL:tHoIs

ENVIRONMEN~?AL

P~OTECTIOt’~

AGENCY

Respondent.

:rr?.

OF

THE

BOARD

(by

J.

D.

Dumelle):

T~:Ls

matter comes before

the Board upon

a May

7,

1985 letter

~

by

Mary

~.

Sabadosh contesting

the “transfer

of ownership”

~

th~

Illinois

Environmental Protection Agency

(Agency)

c.o~ce~rting the

“111th Street Landfill Application by Waste

~ar~a~ement

from Donald gammon.”

This

appeal

is brought “under

Ru1c~: 205

(j)

of the IPCB Regulations,” apparently referring to

Lhe

rule

presently codified as

35 Iii. Adm.

Code 807.205

(j),

whLch

purportedly allows

“any person adversely affected by the

~ssuance

of

a permit

tol

petition the Board for

a hearing before

~e

Fioard

~o contest

the

issuance by the Agency.”

Wtnile

the

language of the cited rule would clearly allow

t1.~:~s

appeal,

the

rule does not have an underlying basis

in the

~rivlronmentai

Protection

Act (Act).

Under the Act third parties

~

~‘

:~owed

to bring permit appeals only

if

the permit which is

is

a RCRA permit

tSection 40

(b)1

or

if

that third party

p~:tyto

a proceeding concerning

a new regional pollution

~

facility

(Section 40

(C).

Mrs. Sabadosh’s appeal does

~...

~ali

under

either of those sections.

¶~hc~rethe

Board lacks statutory authority

to promulgate

~~::~n

rules,

those

rules are void

Landfill,

Inc.

v.

PCB,

74

H.

2d

541,387 N.E.

2d 258

(December,

1978)1.

Therefore,

to the

~

that

35

Ill. Adm. Code 807.205

(j)

purports

to confer

a

:~.:;~i~

to appeal which

is not authorized by statute,

it

is void.

~

~e~i~gs

in

this

matter must be, and hereby are, dismissed.

1h~: ~t~)ard

notes,

however that

if

Mrs. Sabadosh believes that the

~

of

the

landfill presents a threat

of pollution,

as her

.~.t~terseems

to

indicate,

an appropriate enforcement action could

b.;~m~c~ht

before

the Boatd.

IT

IS

SO

ORDERED.

84-91

---

I, Dorothy M.

Gunn, Clerk of the Illinois Pollution Control

Board,

hereby certify that the above Order was adopted on

the

--

/~~-

day of

____________________,

1985,

by a vote

C)

f

—__-

.

Dorothy

~.

Gunn, Clerk

Illinois Pollution Control Board

84-92