ILLINOIS POLLUTION CONTROL BOARD
    May 2, 2002
     
    CITY OF WAUKEGAN, RICHARD H.
    HYDE, MAYOR, JOHN BALEN, SAM
    CUNNINGHAM, J.A. “TONY”
    FIGUEROA, FRANK HARRIS, JR.,
    PATRICK R. NEEDHAM , JOHN
    RICKERD and LAWRENCE TENPAS,
    members of the WAUKEGAN CITY
    COUNCIL,
     
    Petitioners,
     
    v.
     
    ILLINOIS ENVIROMENTAL
    PROTECTION AGENCY and NORTH
    SHORE SANITARY DISTRICT,
     
    Respondents.
     
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    PCB 02-173
    (Permit Appeal – Land, Air)
     
     
    ORDER OF THE BOARD (by G.T. Girard):
     
    On April 15, 2002, petitioners filed a permit appeal with the Board. The permits being
    appealed are land and air permits issued on March 11, 2002, by the Illinois Environmental
    Protection Agency (Agency) to the North Shore Sanitary District (District). The petitioners
    state in the cover letter: “[c]andidly, Petitioners do not believe that the Board has jurisdiction
    over this matter and that this is properly the subject of the pending Lake County [circuit court]
    Action.” Pet. Letter at 1. The petitioners go on to state that the respondents have argued in
    Lake County Circuit Court that the Board does have authority to hear this matter pursuant to
    Section 31(d) of the Environmental Protection Act (Act) (415 ILCS 5/31(d) (2000)). Pet.
    Letter at 2. Finally, the petitioners ask the Board to stay this proceeding and “defer to the
    concurrent jurisdiction of the Circuit Court of Lake County.” Pet. Letter at 3.
     
    The Board declines the petitioners’ request to stay this proceeding. The Board is not
    authorized to hear permit appeals under the Act (415 ILCS 5/1
    et seq
    (2000) for the permits
    issued in this case filed by a person other than the applicant.
    See
    Landfill, Inc. v. PCB, 74 Ill.
    2d 541, 387 N.E.2d 258 (1978). The Board has been authorized to hear third-party permit
    appeals under Section 40(b) and (e) of the Act (National Pollutant Discharge Elimination
    System Permits and Resource Conservation and Recovery Act permits, respectively) (415
    ILCS 5/40(b) and (e) (2000)). The permits at issue in this proceeding do not fall into either of
    those categories. Therefore, the Board is not authorized to hear this case as a permit appeal.
     
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    The Board is authorized by Section 31(d) of the Act (415 ILCS 5/31(d) (2000)) to hear
    cases where “any person” alleges that there have been violations of the Act. Under that
    authority, the Board may revoke permits issued by the Agency.
    See
    People v. ESG Watts
    Inc., PCB 96-107 (Feb. 5, 1998). The Appellate Court has ruled that for alleged violations of
    the Act, complainants must exhaust administrative remedies under the Act before proceeding in
    Circuit Court.
    See
    Decatur Auto Auction v. Macon County, 255 Ill. App. 3d 679, 627 N.E.2d
    1129 (4th Dist. 1993). The petitioners may therefore file an enforcement action before the
    Board if the petitioners believe that such an action is appropriate.
     
    The Board dismisses this permit appeal and the docket is closed.
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on May 2, 2002, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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