ILLINOIS POLLUTION CONTROL BOARD

September 20, 1979

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

PCB 78—130

CITY OF JULIET, a municipal

)

corporation,

Resiondent.

ORDER OF

THE

BOARD

(by Mr. Young):

On August

15, 1979,

the Environmental Protection Agency

filed a Notion for Reconsideration and supporting Memorandum

of Law to reexamine certain conclusions

in our original

Opinion on July 12,

1979.

On August

12,

1979,

the City of

Joliet submitted a Response in opposition to the Agency’s

Motion.

On July

12, 1979,

the Board dismissed Count

IV of the

Amended Complaint which alleged that the City of Joliet filed

a false discharge monitoring report

(DMR)

in violation of Rule

910(f)

of Chapter

3:

Water Pollution Regulations and provisions

of its NPDES permit.

The Board dismissed Count IV finding that

the count was defective.

The Agency has conceded that the Board was correct in

finding Count

IV defective;

and furthermore,

that the Board

is without authority to hear criminal matters or to impose

criminal sanctions.

However, the Agency asserts that the

Board,

in dicta incorrectly concluded that the Board is with-

out jurisdiction in matters concerning the submission of false

information and false reports, and asks the Board to reconsider

this matter.

After reviewi:ig the Motion and the Memorandum,

the Board

will modify the Opinion of July 12,

1979, by striking there-

from the fourth paragraph on page two, which will remove the

dicta which led to the Motion to Reconsider.

The

Agency properly states in their Memorandum that the

Attorney General

(or a States Attorney)

has undisputed discretion

under the Act to bring civil actions before the Board or to file

35—369

---

—2—

civil or criminal cases

in circuit court.

However, the Attorney

General may not confer upon the Board subject matter jurisdiction

simply by the exercise of prosecutorial discretion.

Having reviewed the text of EPA v

City of Joliet, PCB 78-

130

(July

12, 1979)

concerning Count

IV of the Complaint,

the

Board will hereby strike the fourth paragraph on the second

page of that Opinion and it shall henceforth be held for naught.

IT IS

SO ORDE~EC.

I, Christan

L. Moffett, Clerk of the Illinois Pollution

Control Bo4rd, hereby certif

the abc e Order was adopted on

the

______________

day of

~

,

1979,

by a vote

Christan L. Moffett/

k

Illinois Pollution

C

rol Board

35—370