ILLINOIS POLLUTION CONTROL BOARD

March

23,

1989

LEFTON IRON

& METAL COMPANY,

INC.,

Complainant.

v.

)

PCB 89—53

CITY OF EAST ST.

LOUIS,

Respondent.

ORDER OF THE BOARD

(by B. Forcade):

On March

15,

1989,

Lefton Iron and Metal Company,

Inc.

(“Lefton”)

filed

a complaint against

the City

of East St.

Louis

(“City”).

Lefton’s

single—count complaint alleges,

inter

alia,

that the City owns and controls rights—of—way adjacent to

Lefton’s property;

that the City did not provide

trash collection

services

to

its residents for

a period of

time;

that as

a result

of this lack

of collection, trash and refuse accumulated on and

along

those rights—of—way;

and that this accumulation inhibited

access

to Lefton’s property.

From these factual allegations,

Lefton contends that

the City caused or allowed open dumping

in

violation of Section

21(a)

of the Environmental Protection Act.

(“Act”).

The Board will defer making

its “frivolous

or duplicitous”

determination and setting

this matter

for hearing,

and will with-

hold any further action on the complaint,

until

it has received

memoranda from the parties concerning

the following:

1.

Whether

the

complaint

includes

only

deoositions

of

refuse

on

Brady

and

Converse

streets,

or

whether

it

would

also include depositions on other

land.

2.

Whether

the

complaint

alleges

that

any

fault of the City arises directly through

the

City’s

purported

failure

to

conduct

municipal

trash

collections

and,

if

so,

under what legal

theory.

3.

Whether

any

other

action

is

currently

pending~or

has been decided

in any other

forum

based

on

the

same

acts

and occur—

rences upon

which

the complaint

is based.

The Board hereby directs

the parties

to submit these memoranda

to

the Board prior

to May

1,

1989.

97—213

---

—2—

IT

IS SO ORDERED

I, Dorothy M. Gunn, Clerk of

the Illinois

Pollution Contro

Board, hereby certify

that

the above Order was adopted on

the

dâA~4’ day of _______________________,

1989,

by

a vote

of

7~o.

Dorothy

Gunn, Clerk

Illinois(jPollutiori Control Board

97—214