ILLINOIS POLLUTION CONTROL BOARD
    December 7,
    1995
    PEOPLE OF THE
    )
    STATE OF ILLINOIS,
    )
    )
    Complainant,
    V.
    )
    PCB 96—76
    (Enforcement
    —
    RCRA)
    CHEMETCO,
    INC.,
    )
    Respondent.
    ORDER OF THE BOARD
    (by M. McFawn):
    This matter
    is before the Board on a two—count complaint
    filed October 10,
    1995 by the Attorney General of the State of
    Illinois, on behalf of the People of the State of Illinois and
    the Illinois Environmental Protection Agency,
    against Chemetco,
    Inc.
    (Chemetco),
    a Delaware corporation authorized to do business
    in Illinois.
    The complaint alleges that Chemetco has violated
    Section 21(f) (2)
    of the Illinois Environmental Act
    (Act)
    (415
    ILCS 5/21(f)(2)(1994))
    and 35
    Ill. Adm. Code 725.190(b),
    725.192(a),
    725.213,
    725.175,
    725.194(a)(2)(B),
    725.242(a),
    725.243,
    725.245,
    725.247(a)(b)
    (1994).
    These sections refer to
    the alleged violations of Chemetco’s closure plan corrective
    action program and Chemetco’s failure to establish financial
    assurance for closure and post—closure of Chemetco’s smelting
    facility located near Hartford, Madison County,
    Illinois.
    On October 20,
    1995, Chemetco filed a Motion to Dismiss
    arguing that because the Circuit Court of Madison County entered
    a consent order on June 30, 1988 between the People of the State
    of Illinois and Chemetco, jurisdiction over the instant complaint
    continues in the circuit court rather than the Board.
    Complainant filed a Response to the Motion to Dismiss on October
    27,
    1995 arguing,
    among other reasons, that the 1988 consent
    order does not preclude prosecution of any charges in the
    complaint dated October 10,
    1995 before the Board.
    Subsequently,
    on November
    7,
    1995,
    Chemetco filed a request
    for oral argument
    to expand on the meaning and scope of the consent order.
    After reviewing both the motion to dismiss and the response
    motion, the Board recognizes that neither party has cited any
    persuasive authority in support of either granting or denying
    Chemetco’s Motion to Dismiss.
    As a result, the Board directs
    Chemetco to file a memorandum of law with supporting caselaw by
    December 29,
    1995 on the issue of whether the 1988 consent order
    divests the Illinois Pollution Control Board of jurisdiction
    regarding future matters of dispute among the parties.
    Additionally, Chemetco may wish to supply the Board with caselaw
    on whether the Board may or may not enforce the consent decree
    2
    and/or the extent Chemetco views the 1995 allegations to be
    separate or similar to the 1988 consent order.
    The People of the
    State of Illinois may file a response to Chemetco’s Memorandum
    which should be submitted to the Board by January 12,
    1996.
    Consequently,
    the Board will not rule on Chemetco’s Request
    for Oral Argument until the Board has received the parties’
    memoranda of law with the supporting caselaw.
    Chemetco’s Request
    for Oral Argument is therefore held pending receipt of the
    parties’ memoranda of law.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board,
    hereby certify that the above order was adopted on the
    7Z~
    day of
    ___________________,
    1995,
    by a vote
    of
    ~
    (~7
    4~
    A.
    ,/J~:;,~
    Dorothy M.7~unn,Clerk
    Illinois P,óllution Control Board

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