ILLINOIS POLLUTION CONTROL BOARD

April

12, 1979

PALOS CONSERVATION COMMITTEE,

et

al.,

Complainants,

and

PEOPLE OF THE STATE OF ILLINOIS,

Intervenor—

Complainants,

v.

)

PCB 76—191

LANDFILL,

INC.,

et al.,

Respondents.

ORDER OF THE BOARD

(by Mr. Goodman):

On March

7,

1979, Landfill,

Inc.,

filed its Motion for

an Order dismissing the Complaint in this case,

citing as

grounds the Illinois Supreme Court decision rendered in

Landfill,

Inc.

v.

Illinois Pollution Control Board,

Ill.2d

(1978)

(Docket No. 50198) holding invalid rule

503(a)

~

the Board’s Procedural Rules and 205(j)

of the

Board’s Solid Waste Regulations,

the basis for the instant

complaint.

The Board finds

that any other basis

for the

complaint that may exist is

so intertwined with the allega-

tions concerning the invalidated rules as to make an intel—

ligent decision by the Board

in the case impossible.

The

Board,

therefore, dismisses the entire proceeding.

The

March 12, 1979 Palos Conservation Committee Motion for Leave

to File an Amended Complaint,

the March 16,

1979 Landfill,

Inc.

Motion for Hearing,

the March

20, 1979 Environmental

Protection Agency Motion to Dismiss,

and the March 21, 1979

Motion of the People of

the State of Illinois are hereby

dismissed as moot.

IT IS

SO ORDERED.

I, Christan L.

Moffett,

Clerk of the Illinois Pollution

Control~Board,

hereby certify the above Order wa~adopted on

the

J~I~

day of

__________,

1979 by a vote of

~S-

p

c~rL~

IY)

~

Christan L. Mof~e

,

Clerk

Illinois Pollutio

Control Board

33—3 13