ILLINOIS POLLUTION CONTROL BOARD
    September
    6
    ,
    1979
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Complainant,
    v.
    )
    PCB 79—26
    CONTINENTAL
    GRAIN
    COMPANY,
    )
    a Delaware corporation,
    Respondent.
    ORDER OF THE BOARD
    (by Dr. Satchell):
    This matter comes before the Board upon
    a motion to strike
    and dismiss filed by Respondent on July 26,
    1979.
    The amended
    complaint alleges
    a violation of Rule 203(d) (9) (B) (iv) (c) (2) of
    Chapter
    2:
    Air Pollution.
    This rule applies only to grain
    handling facilities located in a major population area, which,
    according to Rule 201, includes the townships of Stites, Canteen,
    Centreville, Caseyville,
    St. Clair, Sugarloaf and Stookey in St.
    Clair County.
    Respondent has presented an affidavit and exhibits
    purporting to show that for tax purposes the subject grain ele-
    vator is located in East St.
    Louis Township which is not one of
    the
    listed townships.
    The Environmental Protection Agency in
    response refers
    to the testimony and exhibits
    in P12—18, the
    proceeding in which the instant rule was adopted,
    and also to an
    Atlas and Plat Book of St. Clair Co.,
    Ill., published by the
    Rockford Map Publishers.
    This plat book does not show an East
    St. Louis Township.
    Apparently
    a portion of Canteen Township has
    been excised and a new “co—terminus” township created pursuant to
    Ill.
    Rev. Stat.
    (1977),
    ch.
    139, §127.
    East St.
    Louis Township is
    a densely populated area surrounded
    by the named townships and the Mississippi River.
    The testimony
    and exhibits in R72-18 show that it was intended to have been
    included in the major population area.
    It would be contrary to
    the intent of the rule to exclude
    a region of high population
    density from the center of the major population
    area.
    Chapter 2 does not define township.
    There are at least three
    meanings of the word “township” shown in the exhibits.
    There are
    congressional townships,
    local government townships created under
    Ill.
    Rev. Stat.,
    ch.
    139,
    §6 and co—terminus townships created
    under ch.
    139,
    §127.
    There
    is nothing in the Environmental Pro-
    tection Act, Chapter 2:
    Air Pollution or in Chapter 139:
    Townships
    35— 319
    —2—
    that requires the Board to specify major population areas according
    to any one of these schemes.
    If Chapter
    2 contained a delegation
    of jurisdictional authority to township government, then it would
    be necessary to be more specific to avoid overlapping jurisdictions.
    Such
    is not the case.
    The intent of the Board was to designate
    a
    certain area of high population density in an understandable manner.
    The question
    is simply whether the regulation reasonably informed
    Respondent that it was
    in a major population area.
    Respondent must know that the rule
    is intended to regulate
    elevators in regions of high population density and that its ele-
    vator is
    in such a region.
    Furthermore, Respondent was represented
    at the hearing through the Grain and Feed Association and is prop-
    erly chargeable with knowledge of the exhibits and testimony.
    Moreover, Respondent’s application for an operating permit was
    denied by the Agency on October 21, 1976.
    Respondent apparently
    did not raise this issue before the Agency and did not appeal.
    (Since this case was docketed, Respondent has reapplied for a
    permit and appealed the denial in PCB 79-167).
    Respondent waited
    four months after the original complaint was
    filed in this pro-
    ceeding to raise the issue by a motion to dismiss.
    Respondent has
    proceeded on the assumption that the elevator was located in a
    major population area.
    The regulation was therefore sufficient
    to actually inform Respondent of the intent.
    The motion is denied.
    IT
    IS SO ORDERED.
    Mr.
    Young concurs.
    I, Christan L.
    Moffett, Clerk of the Illinois PollutiorLcgntrol
    Board, he eby certify the above
    rder was adopted on the (~1 day
    o
    _________
    1979 by a vote of
    ~O
    Q#Moff~~t
    Illinois Pollution
    ol Board
    35—320

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