ILLINOIS POLLUTION CONTROL

BOARD

May

17,

1972

ENVIRONMENTAL PROTECTION AGENCY

v.

)

PCB

71—346

MASCOUTAH

TOWNSHIP

)

OPINION OF THE BOARD

(by Mr.

Kissel):

On November

3,

1971,

the Agency filed a

complaint

against

Mascoutah

Township

alleging

that

since

July

1,

1970. Mascoutab

has

or

orated

a

refuse

disposal

site

in

the

township

and

that

in

operat-~

ing the

site

had

allowed

the

following

in

violation

of

the

Environ-

mental

~rctection

Act

and

the

regulations

promulgated

thereunder.

1.

Open

dumping

of

garbage and

other

refuse;

2,

failure

to

obtain

a

permit

for

operation

of

the

Site;

3.

open

burning

of

refuse;

4,

failure

to

spread,

compact

and

cover

the

refuse;

5,

failure

to

employ

insect

and

rodent

control

measures;

and

6.

deposition of refuse into standing water.

On May

10,

1972,

the Agency asked that the case be dismissed ~by reason

of

the

fact

that the factual situation giving rise to

this

complaint

no longer exists”.

The Agency did not file any other supporting infor-

mation with

its motion to dismiss.

It has always been the Boards policy that cases will Qnly be

dismissed if adequate reasons are given by the person who has filed

the complaint.

Without that statement of reasons,

it is impossible

for

the Board and the public to know the justification for the dis-

missal.

Therefore, before the Board takes

any action on the Agency

motion to dismiss,

it must require that the Agency set forth,

in

some

detail,

the reasons it seeks to withdraw the case.

IT

IS

SO ORDERED.

I, Christan L. Moffett, Clerk

of

the Illinois Pollution Control

Board, hereby certify that the above Opinion and Order was adopted by

the Board on

this

17th

day of

May,

1972, by

a vote of 4-0.

4

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