ILLINOIS POLLUTION CONTB~
October
30,
1975
ENVIRONMENTAL PROTECTION AGENCY,
Complainant,
V.
)
PCB 75—303
PETERSON/PURITAN,
INC.
)
Respondent.
INTERIM OPINION AND ORDER OF THE BOARD
(by Mr. Goodman):
This matter comes before the Pollution Control Board
(Board;
upon the motion of the Environmental Protection
Agency
(Agency)
to vacate and reconsider the Board Order of
September
4,
1975,
herein.
The Board finds,
as
a matter of
law,
that it,
as any
~udiciai
or quasi-judicial body,
inherently has the power to
determine, before hearing, whether
it has jurisdiction over
the subject matter of any cause brought before it.
This
naturally follows from the proposition that if the Board
does not have
jurisdiction over the subject matter,
then any
Board Orders in such matters would be nullities
in the eyes
of the law.
The Board will, however, grant the Agency’s Motion to
Vacate and Reconsider,
and will order the Respondent to file
an Answer to the Agency’s Brief.
However,
the Answer shall
be limited to the issue of whether the Board
in fact does
have jurisdiction at this time over enforcement complaints
alleging violations of
NPDES permits.
In consideration of the foregoing,
it is the Order of
tte Board
that:
1)
Its Order of September
4,
1975,
herein,
be and is
hereby vacated;
and
2)
Respondent shall
file its Answer
to
Complaint’s
Brief within
28 days of this Order and that the Agency shall
file its Reply within fourteen days of its receiving Respondent’s
Answer.
IT
IS SO ORDERED.
Mr. Young abstains.
2,
Ciristan
L, Moffett,
Clerk of the Illinois Pollution
Control
Board, hereby certify thç above Interim Opinon and
CL~ut
r
~Jert.adoptea
on
the
~
d~y
o
_______________
~215
ny
a vote
01
19-158
~anL.~Moff~k
ll1~no±sPollut~on
trol Board