ILLINOIS POLLUTION CONTROL BOARD

November 10, 1977

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

)

v.

)

PCB 77—187

CITY OF MT. VERNON, a municipal

)

corporation, and HUMBLEWIT FARMS,

)

INC.,

)

Respondents.

ORDER OF THE BOARD (by Mr. Young):

On September 26, 1977, the City of Mt. Vernon filed a

Motion to Dismiss and/or Make More Specific. The Complainant

responded on October 24, 1977, with an Objection to the Motion

and filed a Motion to Reconsider the dismissal of Respondent,

Humblewit Farms.

The City of Mt. Vernon seeks dismissal of Count I on the

grounds that Public Health Rule 5.07(b) was repealed on July

27, 1973, and is no longer of any force or effect; the Board

does not agree. Sections 49(b) and (c) of the Act clearly

preserves any violation of Public Health Rule 5.07(b) as does

Rule 102 of Chapter 7 and the Motion to Dismiss as to Count I

is hereby denied. The Board further finds that the allegations

of Count I are sufficiently specific and do state a cause of

action.

The City of Mt. Vernon seeks dismissal of Count II because

no portion of the site was open after July, 1970, and Rule 305

(c) of Chapter 7 was effective only for sites in operation after

July 27, 1973. For the reasons set forth in our Order of September

15, 1977, Count II is hereby dismissed.

Regarding Complainant’s Motion to Reconsider the Order entered

herein on September 15, 1977, the Board now reaffirms the prior

Order, and the Motion to Reconsider is hereby denied.

IT IS SO ORDERED.

28-167

---

—2—

I, Christan L, Mcffett, Clerk of the Illinois Pollution

Control Board, hereby certify

the

above Order was adopted~on

the

Jo~

day of

~

1977 by a vote of ~S.C~D

Christan L. Moff ~it/)C1erk

Illinois Po11utio&’~ontro1 Board