ILLINOIS POLLUTION CONTROL BOARD
    January 7,
    1988
    IN THE MATTER OF:
    )
    )
    VILLAGE OF EAST GALESBURG,
    )
    AC 87—89
    (IEPA 8560—AC)
    Respondent.
    ORDER OF THE BOARD
    (by J.
    Anderson):
    On October
    29,
    1987 the Board granted
    a stay of
    this
    proceeding pending final action on the Motion
    for Reconsideration
    of the Board’s ruling in Illinois Environmental Protection Agency
    v. James Pressnall, AC 87—6,
    September 17,
    1987,
    that unde~
    Section 31.1 of the Act only permitted sanitary landfill
    operations are subject to Administrative Citation Enforcement.
    On December
    17,
    1987 the Board adopted a Supplemental Opinion and
    Order affirming the September 17,
    1987 Order.
    In light of the
    Board’s
    final action
    in Pressnall,
    the Board now takes
    final
    action
    in this case.
    The Administrative Citation issued to Respondents alleged
    operation of a sanitary landfill without an Illinois
    Environmental Protection Agency Operating Permit.
    Applying
    the
    rationale of Pressnall,
    the Board finds that the Administrative
    Citation was
    fmproperly issued
    to Respondents.
    Without a permit
    to operate
    a sanitary landfill, the Respondents are not amenable
    to
    an Administrative Citation action.
    This proceeding
    is
    therefore dismissed.
    The Board notes that this dismissal
    in no way precludes the
    filing of an enforcement action concerning these alleged
    violations.
    IT IS SO ORDERED.
    Board Member
    B.
    Forcade dissented.
    Section
    41 of the Environmental Protection Act,
    Ill.
    Rev.
    Stat.
    1985,
    ch. 111—1/2,
    par.
    1041, provides for appeal of final
    Orders of the Board within 35 days.
    The Rules of the Supreme
    Court of Illinois establish filing requirements.
    85—31
    —2—
    I, Dorothy
    M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, herebj~.certifythat~theabove Order was adopted on
    the
    _______________
    day of
    1987 by a vote
    of
    ____________
    Poll
    Control Board
    85—32

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