ILLINOIS POLLUTION CONTROL BOAI~D

October 1, 1987

IN THE MATTER OF;

AC 87—99

EUGENE FUNK

)

(IEPA Docket No. 8573—AC)

Respondent.

INTERIM ORDER OF THE BOARD:

This matter comes before the Board upon the September 11,

1987, filing of an Administrative Citation by the Illinois

Environmental Protection Agency (Agency) and tt~e September 17,

1987, motion for stay filed by the Respondent, Eugene Funk. For

the reasons described below, the Board will take no action on the

motion for stay at this time.

The Agency has alleged in the Administrative Citation that

the Respondent is 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.

The Board notes that Section 31.1 grants Respondent 35 days

in which to petition the Board for review of the Administrative

Citation. To preserve this right, Respondent must still petition

for review within the required 35 day time period.

IT

IS SO ORDERED.

B. Forcade dissented.

82—159

---

I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the above Interim Order was adopted

this

/.A’Y

day of

&.~,

,

1987 by a vote of..5—/

Dorothy N. G nn, Clerk

Illinois Pollution Control Board

82— 160