ILLINOIS POLLUTION CONTROL BOARD
March 31, 1994
VALERIE JOHNSON, MICHAEL BRENSTON,
)
CHERYL JOHNSON, PEOPLE FOR
)
COMMUNITY RECOVERY, INC.,
)
)
Complainants,
)
PCB 93—247
(Enforcement)
v.
)
EMERGENCY PREPAREDNESS &
)
DISASTER SERVICES, CHICAGO FIRE
)
DEPARTMENT, AND CITY OF CHICAGO,
)
A MUNICIPAL CORPORATION,
)
Respondents.
ORDER OF THE BOARD (by M. NcFawn):
On March 7, 1994, Complainants moved for reconsideration of
the Board’s order of February 3, 1994, to which respondents filed
their response on March 18, 1994. Complainants ask that the
Board reconsider whether “the federal requirements contained in
Section 304 of the Emergency Planning and Community Right To Know
Act, (“EPCRTKA”), have been incorporated into the Illinois
Environmental Protection Act, 415 ILCS 5/1 ~
Reconsideration is denied. Complainants’ motion contains no new
argument despite the fact that it cites a new section of EPCRTKA.
Section 304 of EPCRTKA does not require that the follow-up
emergency notices sought by complainants’ be provided to the
public; rather Section 324 of EPCRTKA does, and the requirements
of that Section were considered by the Board in its February 3,
1994 order.
On February 22, 1994, respondents filed a motion to clarify
the Board’s order of February 3, 1994. Respondents request that
the Board correct and clarify that the Emergency Preparedness &
Disaster Services
(“EPDS”)
is a division of the Chicago Fire
Department, one of the other two named respondents in this
action. In a footnote to the Board’s order, EPDS was incorrectly
defined as the Local Emergency Planning Committee provided for in
EPCRTKA.
Respondents’ motion is granted. Accordingly, the Board
restates that the complaint is dismissed as to all three parties
named, including EPDS, a division of the Chicago Fire Department.
IT IS SO ORDERED.
2
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby ce t fy that the above order was adopted ~gn the
~/~4’
day of
________________,
1994, by a vote of ~
Dorothy M. ,~nn, Clerk
Illinois Pp~lutionControl Board