ILLINOIS POLLUTION CONTROL BOARD

June 30, 1988

WASTE MANAGEMENT OF ILLINOIS,

)

AC 88-54

INC.,

Respondent.

ORDER OF THE BOARD (by J. Anderson):

This administrative citation was issued by the Tazewell

County Health Department on May 17, 1988. On June 16, Waste

Management of Illinois, Inc. (WMI) entered a “special and limited

appearance” for the purpose of objecting to allegedly improper

service and resulting lack of Board jurisdiction. WMI moves the

Board to dismiss the citation. WMI also filed a petition for

review of this citation, to protect its rights while pursuing its

jurisdictional challenge. WMI request~s a stay of the appeal

pending disposition of the motion to dismiss. WMI additionally

noted its willingness “to participate in further briefing or

discussion of the substantive and/or procedural issues raised”.

Tazewell County has not as yet filed a response.

The Board deems it appropriate at this time to enter a stay

of the appeal, and to reserve ruling on the motion to dismiss

until a response has been received by the County. After receipt

of the response the Board will determine whether additional

briefing is in order. The County is directed to file its

response no later than July 11, 1988 to allow the Board to

again

consider this matter at its July 13, 1988 meeting.

IT IS SO ORDERED.

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

Board, hereby certif that the above Order was adopted on

the ~7t~-day of

______________,

1988, by a vote of 7~0

Dorothy M.(Aunn,

p27.

Clerk

/~/L?~’

Illinois Póllution Control Board

90—571