ILLINOIS POLLUTION CONTROL BOARD
    August
    29, 1974
    )
    CITY OP PLANO
    )
    )
    )
    V.
    )
    PCB 74-244
    )
    )
    ENVIRONMENTAL
    PROTECTION AGENCY
    )
    )
    ORDER
    OP THE BOARD (by Mr. Dumelle):
    The Agency in its motion filed July 22, 1974 (amended
    July 29, 1974) asks to dismiss the petition as mpot since the
    landscape wastes for which permission to burn was sought is
    alleged to have already been burned.
    The petition is not moot, since its grant could protect
    the City of Plano from an enforcement action by either the
    Agency or any citizen. The Agency should proceed to file a
    recommendation and the case will be decided at a later date.
    Motion to Dismiss is denied.
    IT IS SO ORDERED.
    Mr. Seasn dissents.
    I, Cbristan L. Moffett, Clerk of the I~IlinoisPollution control.
    Board, hereby certify the above Order was p4opted on thS
    of August, 1974 by avote of
    IlliS Pollutio ontrol Board
    13—395

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