ILLINOIS POLLUTION CONTROL BOARD

February

19, 1976

WINNETKANS INTERESTED IN PROTECTING

)

THE ENVIRONMENT

(WIPE),

)

Petitioner,

v.

)

PCB 75—363

VILLAGE OF WINNETKA,

Respondent.

INTERIM ORDER OF THE BOARD

(by Mr. Young):

On January 21,

1976, Winnetka filed its Motion to Dismiss,

based on the recent decision of the Illinois Supreme Court in

Commonwealth Edison Company v. Pollution Control Board, Docket

No.

47352, decided January 20,

1976,

in which the Court affirmed

the judgment of the Appellate Court, First District, reversing

the adoption of Rule 203(g) (1)

of the Air Rules.

The Complaint, filed September

16, 1975, by Winnetkans

Interested in Protecting the Environment

(WIPE), alleged that

Winnetka operated Boiler No.

8 from May 31, 1975 until July

1,

1975 in violation of Rule 203(g) (1) (a), and has operated said

boiler without an operating permit from May 30,

1975,

in con-

tinuing violation of Rule 103(b) (2) and Section

9(b) of the Act.

That portion of the Complaint alleging violation of Rule

203(g) (1) (a)

is dismissed as moot.

However,

that portion of the

Complaint dealing with the operating permit violation has not

been mooted by the decision of the Court.

Winnetka is required

to have an operating permit under Rule 103(b) (2), and the afore-

said decision does not affect this obligation.

Furthermore,

the exact reason(s)

the operating permit has not been issued,

if in fact it has not,

has yet to be determined.

Even if it

were established that the permit was not issued solely on the

basis that Winrietka had failed

to comply with Rule 203 (g) (1) (a),

such fact would not constitute a defense but would be considered

solely in mitigation.

The portion of the Complaint relating to

violation of Section

9(b) of the Act and Rule 103(b) (2) shall

be set for hearing.

IT IS SO ORDERED.

20—107

---

—2—

I, Christan

L. Moffett,

Clerk

of the Illinois Pollution

Control Board, here~ycertify the

ye Interim Order was

adopted on the

jg~’

day of ______________________,

1976

by a vote of

$.~

Illinois Polluti

ontrol Board