ILLINOIS POLLUTION CONTROL BOARD
    February 17,
    1982
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    )
    Complainant,
    v.
    )
    PCB 81—190
    CITY OF CHICAGO, JOHN B.W. COREY and
    INGERSOL PRODUCTS,
    CORP.
    Respondent.
    ORDER OF THE BOARD
    (by J.
    Anderson):
    On December 31,
    1981, the City and John Corey moved to
    dismiss counts V through VII.
    On January
    21,
    1982 the Attorney
    General
    filed a Response in Opposition.
    The motion
    is denied as to Counts V and VII, which the Board
    finds sufficient
    in stating
    a cause of action.
    The issue concerning Count VI can be framed as whether
    allegation of the violation of Technical Policy Statements
    314(c)
    and (d)(4), without allegations of
    a resulting violation of any
    underlying Board regulation or provision of the Act,
    is sufficient
    to state a cause of action under the Act.
    The City respondents assert that the Board has no
    jurisdiction under Section 31(b)
    of the Act to consider violations
    of Rules which have not been adopted by the Board itself,
    and that
    alternatively, Section 31(b) jurisdiction
    is limited to a complaint
    brought by the Agency.
    As the City respondents themselves note,
    Rules 314(d)
    of
    Chapter
    6:
    Public Water Supplies authorizes the Agency’s adoption
    of “specific conditions for control of unsafe cross—connections”
    in accordance with Rule 212 procedures concerning “Technical
    Policy Statements”
    (TPS).
    Attorney General Opinion S—1408
    (January
    10,
    1979)
    determined that the Agency has authority to
    adopt Technical Policy Statements,
    finding that the Board
    “has not
    improperly
    delegated its authority to adopt
    regulations concerning public water supplies to the
    Environmental Protection Agency.
    The Agency’s
    statutory
    powers to approve and monitor public water suppies and
    to administer the Board’s permit requirements authorize
    the Agency to adopt technical policy statements for
    public water supplies”
    (at p.
    6).
    45—431
    This Opinion of the Attorney General does not however address
    the issue as
    to whether these
    TPS are enforceable under the Act
    independent of citation to underlying Board regulations or the
    Act.
    Section 4 of the Act, establishing the Agency’s duty and
    authority,
    gives the Agency rulemaking authority only to carry out
    its authority “to accept,
    receive, and administer...any grants,
    gifts,
    loans or other funds”
    Section
    4(1).
    Section
    5,
    defining
    the Board’s authority, provides that the Board “may adopt rules
    and regulations
    in accordance with Title VII of this Act”
    (Section
    5(g).
    Section 31(b)
    of the Act provides that “any person may
    file with the Board a complaint,
    ...,
    against any person allegedly
    violating this Act or any rule or regulation thereunder or any
    permit or term or condition thereof”.
    Reading these sections together, the Board finds no
    legislative direction to it to consider complaints based on
    violations
    of what the Attorney General has characterized as
    “guidelines
    as to how the Agency administers the Board’s
    regulations”
    (5-1408 at p.5).
    Count VI
    is accordingly dismissed.
    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
    ~7~-~day of
    ___________________,
    1982 by a vote of
    ~
    -~f.
    ~
    ~)
    Christan L.
    Mof ett, C(Q~S
    Illinois Pollution Control Board
    45—432

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