ILLINOIS POLLUTION CONTROL BOARD
    October
    20,
    1988
    VINCENT A. KOERS,
    alone,
    and
    )
    in Conjunction with DANVILLE
    CITIZENS FOR CONTROL OF HAZARDOUS
    )
    WASTE INJECTION,
    )
    Petitioners,
    )
    v.
    )
    PCB 88—163
    ILLINOIS ENVIRONMENTAL PROTECTION
    )
    AGENCY,
    and ALLIED-SIGNAL,
    INC..,
    )
    Co—Respondents.
    ORDER OF THE BOARD
    (by J.D.. Dumelle):
    This matter comes before the Board upon receipt of an
    October
    13,
    1988 Motion For Hearing And Appeal Of Underground
    Injection Control Permit, No. UIC—003—WI—AC.
    In sum, the motion
    requests leave, by Vincent
    A. Koers and the Danville Citizens For
    Control Of Hazardous Waste Injection,
    to contest the issuance of
    permit and permit conditions imposed by the Illinois
    Environmental Protection Agency
    (IEPA)
    upon Allied—Signal, Inc.’s
    permit for underground injection well.
    The Petitioners, seeking
    modification of the issued permit, ask
    this Board to impose
    permit conditions not required by the IEPA.
    Generally,
    third party standing to attack
    issued permits and
    permit conditions
    is well settled:
    Third party challenges
    to
    permits are not
    allowed.
    Landfill, Inc.,
    v.
    IPCB,
    74
    Ill..
    2d
    541, 25 Ill. Dec. 602,
    387 N.E.2d
    258,
    264.
    Currie,
    Enforcement
    Under Illinois Pollution Law,
    70 NW
    U.L... Rev. 389,
    475
    N.
    427
    (1975).
    Notwithstanding the above,
    Ill. Rev.
    Stat. 1988 ch.
    111
    1/2, par.
    1040(b) specifically grants standing to third parties
    (such
    as Petitioners
    in this case)
    to contest issuance of RCRA
    permits for hazardous waste disposal sites.
    There is some
    question whether the Act does,
    in
    fact,
    confer standing on third
    parties
    to challenge UIC permits and permit conditions
    imposed by
    the IEPA.
    For these reasons the Board does hereby order the parties
    to
    brief the issue whether third parties have standing
    to challenge
    UIC permits and permit conditions,
    and to inform the Board
    whether
    this action
    is frivolous or duplicative of another
    proceeding
    as referenced
    in Section 1040(b).
    The Board further
    orders the parties to file their briefs no later than November
    15,
    1988.
    IT IS SO ORDERED.
    93—235
    —2—
    I, Dorothy
    M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Order was adopted on
    the
    ______________
    day of
    ~-~-t_-
    ,
    1988 by
    a vote
    of
    ________.
    Dorothy ~,(/Gunn,Clerk
    Illinois ..P’ollution Control Board
    93—236

    Back to top