ILLINOIS POLLUTION CONTROL BOARD
    October
    8,
    1981
    CITIZENS AGAINST HAMPTON TOWNSHIP,
    )
    LANDFILL,
    Complainant,
    V.
    )
    PCB 81—112
    )
    DAVID R. BLEDSOE, ILLINOIS ENVIRONMENTAL)
    PROTECTION AGENCY, DAVE LIGINO AND
    )
    STEVE
    LIGINO,
    )
    )
    Respondents.
    ORDER OF THE BOARD
    (by J,D. Dumelle):
    On August 10,
    1981 Citizens Against Hampton Township
    Landfill
    (Citizens) filed a motion for reconsideration of the
    Board’s July 23,
    1981 Order of dismissal of this action.
    An
    objection to that motion was
    filed by the Illinois Environmental
    Protection Agency on August 19,
    1981.
    On September 25, 1981,
    Citizens filed a motion for leave to file an amended petition
    accompanied by that petition.
    On October 8,
    1981,
    a response
    in opposition for leave to amend was filed by the Agency.
    The
    motion for reconsideration is hereby granted, and the language
    of the July 23,
    1981 Order in this matter is hereby modified by
    replacing the last sentence of the third paragraph and the entire
    fourth paragraph with the language below:
    The same reasoning would necessarily apply to violations
    alleged on the part of the applicant in obtaining the
    permit.
    Therefore, the Board holds that it lacks the authority
    to consider those counts of the complaint which allege
    violations with respect to the permit grant.
    Further, while
    the Board may have the power to
    consider
    properly pleaded
    allegations of threatened pollution which are not
    inextricably tied to the permitting process (387 NE.
    2d
    265), the pleadings in this action are insufficient to state
    such a cause of action.
    For example, the allegation that
    there will be insufficient equipment on site to properly
    construct the site is overly speculative.
    If the equipment
    indicated in the application is insufficient, other
    equipment could be used.
    Further,
    if the site is not
    properly developed, the Agency cannot authorize operation.
    Other allegations suffer from similar infirmities,
    do not
    specifically allege a threat of pollution,
    or are
    inextricably tied to the permitting process.
    Therefore,
    the
    proceedings
    in this matter are hereby dismissed.
    43—457
    —2—
    The motion to file an amended complaint is hereby denied
    in that PCB 81—112 has been dismissed.
    The amended complaint
    will, however, be docketed as a new proceeding,
    PCB 81—155.
    IT IS SO ORDERED.
    I, Christan L.
    Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify that the above Order was adopted
    on the
    3’~
    day of c±~4-t.~t~
    ,
    1981 by a vote of ~
    Illinois Pollution
    1 Board
    43—458

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