I LI I NOT S
    POLLUTION
    CONTROL
    BOARD
    May
    29,
    1980
    VILLAGE
    OF
    HILLSIDE,
    a
    Municipal
    Corpora
    Lion
    ,
    AND
    SAVE
    THE
    TOWNSITI P
    OF’
    PROVISO,
    INC.,
    a
    IJoL—for—profit
    Illinois
    Cnrpor~tion,
    Complainants,
    v.
    )
    PCB
    80—60
    JOHN SEXTON SAND
    & GRAVEL CORP.,
    an Illinois Corporation; BROWNING—
    FERRIS INDUSTRIES
    OF ILLINOIS,
    INC.,
    an Illinois Corporation;
    and
    CONGRESS
    DEVELOPMENT
    COMPANY, an
    Unknown Corporation,
    Respondents.
    ORDER OF
    THE
    BOARD
    (by
    I.
    Goodrnan)~
    Respondents’
    May 15,
    t980 Motion
    for Reconsideration
    is qranted.
    The Board Order of May
    1,
    1980 denyinq dismissal
    01
    Count
    I is
    supplenenLed as
    follows.
    The last sentence of Paragraph
    6 of
    the
    Order entered
    May
    1,
    1980 is deleted.
    This sentence reads,
    “However, on
    October 19,
    1978 the Agency allegedly notified Respondents
    that the Lransfers granted that August would
    he effective
    upon the date the sale to Respondents took effect.”
    The major material issues presented by Count
    I are
    whether Edison had authority to sign as transferor and
    whether Respondents had authority to sign
    as operators.
    Status as
    a contract purchaser,
    if proven,
    is relevant
    to these issues hut
    it
    is not dispositive.
    IT IS SO ORDERED.
    I,
    Christan
    L.
    Moffett, Clerk of the Illinois Pollution
    Control
    Board, her~hycertify that the above Order was
    adopted on the
    ~
    day of
    ,
    1980 by
    a vote
    of~.

    Back to top