ILLINOIS POLLUTION CONTROL BOARD

June 8~ T978

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

PCB 77—292

SKAGGS CONSTRUCTION COMPANY,

INC.,

)

a Delaware corporation,

Respondent.

ORDER OF THE BOARD

(by Mr. Dumelle):

On May 25,

1978 the Agency filed a motion to correct a

clerical error in the Board’s Opinion and Order dated April 27,

1978

in this case.

The motion contends that the Board erred

in concluding that Public Health Rule 507(b)

applied to

Respondent’s activities prior to July 27, 1974 and Solid

Waste Rule 305(c)

thereafter.

The Agency contends that the

proper date is July 27,

1973.

It should be noted that the Respondent was holding a

permit issued by the Department of Public Fh~alth.

Rule 202(b)

of the Board’s Solid Waste Regulations states that existing

solid waste management

sites had to obtain operating permits

not later than one year after the effective date of those

regulations

(July 27,

1973).

Consequently,

as the holder

of a Public Health permit, Respondent was entitled to an

additional year under the Public Health Rules.

The motion

is hereby

denied.

IT IS SO ORDERED.

I, Christan

L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify the above

Order was adopted on

the

~

day of

_________________,

1978 by a vote of

~

Christan L. Moffèf~4Clerk

Illinois Pollutid~Control Board

30

—

391