ILLINOIS POLLUTION

CONTROL

BOARD

October

24,

1985

ILLINOIS ENVIRONMENTAL

)

PROTECTION

2~GENCY,

Coniplainarit,

and

FLORENCE FARMER,

Comp1a:Lnarit~Intervenor

V.

)

PCB

78-~23

GRANITE CITY STEEL,

DIV IS

ION

OF

NATIONAL STEEL CORPORATION,

Respondent~

INTERIM

ORDER OF

THE

BOARD

(by

B,

Forcade):

On September

5,

1985,

the

Board

dismissed Complainant

tUinois

Environmenta:L Protection Agency

(“Agency”) without

prejudice, accepting

the

Attorney

General’s discretionary

determination

that enforcement resources are better expended

elsewhere.

The Board dismissed intervenor—complainant

Florence:

Farmer

eor

failing

to

respond

to

Board

Orders

recluil:

inq

a

response

to

the

motion

to

dismiss

by

August

30.

By

her

October

2,

1985,

Motion

to

Vacate,

Florence

Farmer

informs

the Board

that

the

responses

required

by

August

30

were

served on the parties and

the

Board

on the

required

date,

but

were

mailed

to

the

Board’s old address.

Consequently,

the Boari

will vacate

the Order

of September

5,

1985,

in

its entirety.

The Agency’s

July

12,

l985~

Motion for Dismissal with

prejudice

will

again

be

granted.

Florence Farmer asserts

(Response

to

ComplaInant’s

(EPA’s)

Motion

to

Dismiss,

p.

2—3)

that

the

Agency

has

no

discretion

but

to

file

and

pursue

a

form.~

complaint

once

the

Agency

determines

a

violation

has

occurred.

No

case

law

is

cited

~or

this

proposition.

The

Board

rejects

Florence

Farmer’s

argument.

Scott

v.

Briceland,

65

111,

2d

48,

359

N.E.

2d

149

(1976)

declar~

5ection

4)of

the

Environment:

Protection

Act:

unconstitutional

to

the

extent

it authorized

the

Agency

to

institute

and

;)rceecute

proceedings

before

the

i3cai:

by

an officer

other

than

the

!~tt:orney General.

As Florence

Farmer

has

cited

no

precedent

or

argument

that

the

Attorney

General must

pursue

litigati

in

all

circumstances

ot

viol.etiae

the oppos i.tion

to

the

mat Ian

to

tismiss

is

fatally

flawed,

The

Agency’s

July

12,

1985,

MceLcu

t~,

itismiss

is

granted.

---

Granite

City

Steeles

July 30,

1985,

Motion

to

Dismiss

Intervenor’s

suit

is

denied.

While the

record discloses that

none of

the parties

have

been

truly

diligent,

the

matter

is

now

ready

for

hearing.

Florence

Farmer

is

prepared

to

proceed

and

Ic

aware

that

this

Board

cannot

endorse

personal

settlements

(Response

to National Steel~s

Motion

to

DISmiSS,

p.

3).

To

ensure

rapid

conclusion

of

this

long

delayed

proceeding,

the

Board

orders

that

hearing

be

scheduled

within

30

days

of

the

date

of

this

Order

and

held within

60

days

of

the

date

of

this

Order.

IT

IS SO

ORDERED

I,

Dorothy

M. Gunn, Clerk of the Illinois Pollution Control

Board,

hereby

certify that the above Interim Order was adopted

on

the

~

day of

~

1985, by

a vote

of

‘7-C

/

~

/

EE~M,Gunn,~~

Illinois Pollution Control Board