ILLINOIS POLLUTION CONTROL BOARD

October 1,

1992

COUNTY OF OGLE,

Complainant,

V.

)

AC 92—64

(92—R—1002)

ROCHELLE DISPOSAL SERVICE,

)

(Administrative Citation)

INC., and

CITY

OF ROCHELLE,

ILLINOIS,

Respondent.

ORDER OF THE BOARD

(by J.

C. Marlin):

This action was initiated on September 4,

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(o)(5).

Rochelle Disposal filed a petition for review

on September 18,

1992.

The pending motion is Rochelle Disposal’s September 18,

1992

motion to strike and dismiss the complaint.

The County filed a

response to Rochelle Disposal’s motion on September 22,

1992.

The basis for Rochelle Disposal’s motion is 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.

Rochelle Disposal also

points out that it was 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)1 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 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

1

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.

The County’s response reflects the pre—amendment section numbers.

0136-0259

---

2

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,

September

22,

-199

2~

~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 Board reached the same result in two prior

cases involving these parties.

County of Ogle v. Rochelle

Disposal Service and City of Rochelle AC 92—26

(June

4,. 1992)

and

County of O~lev. Rochelle Disposal Service and

City

of Rochelle

AC 91—45

(June

4,

1992).

The motion to strike and dismiss the complaint is hereby

denied.

IT IS SO ORDERED.

I, Dorothy N. Gunn,

Clerk of the Illinois Pollution Control

Board, hereby certify t at the above order was adopted on

the

p~

day of

_________________,

1992, by a vote of

7~9

Dorothy

M,’-~unn,

Clerk

Illinois ~l1ution

Control Board

0136-0260