ILLINOIS POLLUTION CONTROL BOARD

June

22,

1989

IN THE MATTER OF:

)

ROCHELLE DISPOSAL SERVICE,

INC.,

)

AC 89—68

)

(TEPA Docket No. 9563—AC)

Respondent.

ORDER O~ THE BOARD

(by J.

Marlin):

This matter comes before the Board upon

a motion

to

substitute

and dismiss filed by the Illinois Environmental

Protection Agency (Agency) on May

30,

1989.

The Agency’s motion

requests that

the Board substitute the City of Rochelle as

Respondent

in this matter and correspondingly that the Board

dismiss Rochelle Disposal Services,

Inc.

The Agency filed

this

administrative citation with the Board

on April

6,

1989.

The citation stated that

on February

8,

1989,

an on—site

inspection of the landfill

(Rochelle/Municipal No.

2)

disclosed uncovered

refuse remaining from a previous operating

day in violation of Section 2l(p)(5)

of the Environmental

Protection Act

(Act).

(Ill.

Rev. Stat.,

ch.

ill

1/2,

pars. 1001-

1052).

Rochelle Disposal Services filed

a petition for review of

the citation on May

8,

1989.

In support of its motion

to substitute

and dismiss,

the

Agency states that

“the parties have agreed that the City of

Rochelle,

rather then

(sic) Rochelle Disposal Service,

Inc.,

bears

the responsibility

for

the subject sanitary landfill”.

It

appears

from

the

narrative

inspection

report

attached

to

the

citation that

the City of Pochelle

is the owner

of the landfill

and that Pochelle Disposal Service

is

the operator.

Neither the

City of Rochelle nor Rochelle Disposal Services have filed

a

response

to

the

Agency’s

motion.

Section

31.1(b)

requires:

The

Agency or

such unit of

local government

may

issue

and

serve

an

administrative

citation

upon

such

person

within

not

more

than

60

days

after

the date

of

the observed

violation.

Each

such

citation

issued

shall

be

served

upon

the

person

named

therein

or

such

person’s

authorized

agent

for

service

of

process...

Ill.

Rev.

Stat.

1987,

ch.

111

1/2 par.

1031(b)

100— 2 87

---

—2—

Before ruling on the motion,

the Board orders that the

Agency,

Rochelle Disposal Service, Inc.,

and the City of Rochelle

address the following issues:

1)

Whether the City of Rochelle was served

with the citation within 60 days after

the February 8th inspection;

2)

Whether Rochelle Disposal Service,

Inc.

was the authorized agent for service of

process

for the City of Rochelle for the

purposes of this citation;

and

3)

Whether

the City of Rochelle waives any

objections

it may have regarding any

failure to comply with the service

requirements of Section 31.1(b).

Responses

to this Order

shall

be verified by affidavit

to the

extent such responses make

factual assertions.

The

responsen

must be received by the Board on or before July 10,

1989.

IT

IS SO ORDERED.

I, Dorothy M.

Gunn, Clerk of the Illinois Pollution Control

Board, hereby certif

that the above Order was adopted on

the

‘~“~~dayof

,

1989, by a vote of

7_7

Dorothy

Illinois

ion Control

Board

100—288