ILLINOIS POLLUTION CONTROL BOARD
    June 4,
    1992
    COUNTY
    OF
    OGLE,
    )
    )
    Complainant,
    )
    V.
    )
    AC
    92—26
    (Administrative
    Citation)
    )
    ROCHELLE DISPOSAL SERVICE,
    )
    INC., and CITY OF ROCHELLE,
    )
    ILLINOIS,
    )
    Respondent.
    ORDER OF THE
    BOARD
    (by J.C. Marlin):
    This action was initiated on April 2, 1992 by the filing of an
    administrative
    citation
    (AC) by the County of Ogle (County).
    The
    AC
    charges
    Rochelle
    Disposal Services
    (Rochelle Disposal) and
    the
    City
    of
    Rochelle
    (City)
    with
    violation of Section 21(0)
    (12)
    of
    the
    Act.1
    On
    April
    6,
    1992,
    the County filed a motion to amend the
    caption.
    As
    no
    responses
    in opposition have been filed, the motion
    is granted.
    The correct caption as amended appears on this Order.
    Both respondents filed a petition for review.
    Rochelle. Disposal
    filed
    its
    petition
    on
    April
    15,
    1992
    and
    the
    City
    filed
    its
    petition on May 4,
    1992.
    On April
    15,
    1992 Rochelle Disposal filed a motion to strike
    and to dismiss and a motion and argument for summary judgment.
    On
    April 22, the County filed a response only to the motion to strike
    and dismiss.
    The Board has delayed decision on the pending motions
    until its receipt
    of
    the hearing transcript and exhibits in AC 91-
    45,
    a case involving similar motions by these same parties.2
    The
    Board
    on
    its own motion
    incorporates these materials
    into this
    record.
    The basis for Rochelle Disposal’s motions are that it is not
    a proper party to this action.
    Rochelle Disposal argues that it is
    not a proper party to this action because the City is the person
    which
    holds
    the
    permits
    for
    this
    site,
    and
    because
    it
    was
    ~Section 21
    of
    the
    Act was amended by Public
    Act
    87-752,
    effective
    January
    1,
    1992.
    As
    a
    result,
    the
    two
    subsections
    enforceable
    through
    the
    administrative
    citation process have been
    changed
    from
    21(p)
    and
    21(q)
    to
    21(o)
    and
    21(p)
    respectively.
    21n the interests of consistency, the Board has also delayed
    decision on similar motions pending
    in another appealed AC case
    involving these parties:
    AC 91—32.
    134—111
    previously
    dismissed
    as
    a
    party
    to
    AC
    89—68
    pursuant
    to
    stipulation.
    There is no dispute that the City holds all permits
    at the
    site,
    or that Rochelle Disposal conducts waste
    disposal
    operations at the site on the City’s behalf pursuant to contract.
    The County
    argues
    that
    Section
    21(p)
    of
    the
    Act,
    under
    which
    Rochelle
    Disposal
    is
    charged,
    is
    not
    by
    its
    terms
    limited
    to
    holders of permits.
    The Section in pertinent part provides that
    “no
    person
    (emphasis
    added)
    shall
    conduct
    a
    sanitary
    landfill
    operation which is required to have a permit under subsection
    (d)
    of this Section, in a manner which results in any of the following
    conditions”.
    The preamble
    to the contract between the City and Rochelle
    Disposal provides that it is “for the operation of the City owned
    landfill”.
    Article I goes on to provide that Rochelle Disposal is
    to “furnish all equipment and labor necessary for the collection of
    garbage within
    the
    City...together with the
    landfill
    operation
    necessary to dispose of all the solid waste
    in conformance with”
    the Act and Board regulations, as well as other requirements (City,
    April
    22,
    1992 Response to Motion,
    Contract,
    p.
    1).
    The Board agrees with the County that, under the circumstances
    of this case, Rochelle Disposal is properly a party to this action
    as a person conducting a waste operation at a permitted site.
    The motions to dismiss
    and
    for summary judgment
    are hereby
    denied.
    IT IS SO ORDERED.
    I, Dorothy M.
    Gunn,
    Clerk of
    the Illinois Pollution Control
    Boa d, hereby certif
    that the above order was adopted on the
    ______
    day of
    _________________,
    1992, by a vote of
    7~
    Dorothy M. G~nn, Clerk
    Illinois Pc~)(lutionControl Board
    134—112

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