ILLINOIS POLLUTION CONTROL BOARD

July 23, 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 July 13, 1981, Citizens Against Hampton Township Landfill

filed a formal complaint in this matter alleging violations of

various sections of the Environmental Protection Act (Act) and

various Board regulations in the granting of a permit for a

landfill. The complaint seeks revocation of that permit. There

is no allegation that the landfill is a hazardous waste disposal

site.

Landfill, Inc. v. PCB (74 Ill. 2d 541, 387 N.E. 2d 258,

PCB 75—440) held that, absent express legislative authorization,

the Board has no power to authorize third parties to file permit

revocation proceedings on grounds that the Illinois Environmental

Protection Agency (Agency) had violated the Act in granting

the permit. The same reasoning would necessarily apply to

violations on the part of the applicant 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 those counts which allege the

threat of pollution (387 N.E. 2d at 265), since the only relief

requested is the revocation of the permit, which cannot be granted

in this proceeding, the complaint is hereby dismissed in its

entirety.

The Board notes that S.B. 172, which would allow third party

permit appeals concerning sanitary landfills, is currently awaiting

the Governor’s signature, but that the bill has not yet been signed.

IT IS SO ORDERED.

43—95

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I, Christan L. Moffett, Clerk of the Illinois Pollution

Control poard, hereby certify that the above order was adopted on

the 2?~day of

___________,

1981 by a vote of

4~.

~.

C~a~Illinois

Pollution4fe~/M~1~Control Board

43—96