ILLIN’31S POLLUTIOr~CONaROL BOARD

October

1,

1987

IN THE MATTER OF:

AC

87—74

PAUL

~.

CORLEY and

)

(IEPA Docket No. 8480—AC)

JOAN R.

CORLE’I

Respondents.

INTERIM ORDER OF THE BOARD:

This matter comes

before

the Board

upon an August

11, 19~7

filing

of

a petition for review to contest the issuance of

an

Administrative Citation filed July

16,

1967,

pursuant

to Section

31.1 of the Illinois Environmental Protection Act

(Act)

by the

Respondents Paul and Joan Corley.

The Agency has alleged

in

the Administrative Citation that

the Respondents are operating

a sanitary landfill without

an

Illinois Environmental Protection Agency Operating Permit.

In

Illinois Environmental Protection Agency

v. James Pressnall,

(AC

87—6),

the Board held that under Section 31.1

of the Act only

permitted sanitary landfill operations

are

subject

to

Administrative Citation enforcement.

As

a consequence of the

Agency’s allegation,

the

Board will not authorize

a hearing

at

this

time.

The Agency

is granted fifteen

(15)

days

in which

to file

an

Amended Administrative Citation which alleges that the facility

is operating pursuant

to permit

or additional

information which

demonstrates enforceability

of the Administrative Citation

consistent with

the Pressnall decision.

Failure

to respond

within the fifteen

(15) days will subject

this proceeding

to

dismissal.

IT

IS

SO ORDERED.

B.

Forcade dissented.

I,

Dorothy M.

Gunn,

Clerk of the Illinois Pollution Control

Board,

hereby certify that~he above Interim Order was adopted

this

/-~~

day of

,

1987 by a vote

of

Dorothy

.

Gunn,

Clerk

Illinois Pollution Control Board

82—121