ILLINOIS POLLUTiON CONTROL BOARD
October
1,
1987
IN
THE MATTER OF:
AC
67—89
VILLAGE OF EAST GALESBURG
)
(IEPA Docket No.
8560—AC)
Respondent.
INTERIM ORDER OF THE BOARD:
This marter comes before
the
Board
upon
a September
14,
1987
filing
of
a petition for review
to contest
the issuance of
an
Administrative Citation filed September
2,
1987,
pursuant
to
Section
31.1 of the Illinois Environmental Protection Act (Act)
by
the Respondent Village of East Galesburg.
The Agency has alleged
in the Administrative Citation that
the Respondents are operating
a sanitary landfill without
an
Illinois Environmental Protection Agency Operating Permit.
In
Illinois Environmental Protection Agency v.
James Pressnall,
(AC
87—6),
the Board held that under Section
31.1
of the Act only
permitted
sanitary landfill operations
are subject
to
Administrative Citation enforcement.
As
a consequence of the
Agency’s allegation,
the Board
will not authorize
a hearing at
this time.
The Agency
is granted
fifteen
(15) days
in which
to file
an
Amended Administrative Citation which alleges that the facility
is operating pursuant
to permit
or additional
information which
demonstrates enforceability
of the Administrative Citation
consistent
with
the Pressnall decision.
Failure to
respond
within the fifteen
(15) days will subject
this proceeding
to
dismissal
*
IT
IS SC ORDERED.
B. Forcade dissented.
I, Dorothy
M.
Gunn,
Clerk of
the Illinois Pollution Control
Board,
hereby certify
that the above Interim Order was adopted
this
/~
day of
,
1987
by
a vote
of
5—,
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
82—151