ILLINOIS POLLUTION CONTROL hOARD

September 15, 1977

ILLINOIS

ENVIRONMENTAL PROTECTION

AGENCY,

Complainaft,

)

PCB 77~187

CITY OF MT. VERNON,

a municipal

corporation and

HUMBLEWIT FARMS,

LNC~,

Respondents

ORDER OF THE BOARD

(by Mr. Young):

This

matter is before the Board on the Respondent Humblewit

Farm’s Motion to

Dismiss and/or Make More Specific filed on

August 18,

1977.

The Complaint was filed July 11,

1977,

charging that both

Respondents failed to place

a

final cover on

the solid waste

management site,

The two~countComplaint alleges

that Respondents are in

violation of Rule 5.07(b)

of the Public

Health Regulations

(Count

I)

and Rule 305(c)

of Chapter

7 of

the Board’s Solid Waste

Rules and Regulations

(Count II),

The Complaint

further alleged that the City of Mt. Vernon

sold the site to

Humblewit Farms on January

7, 1974, after closing

it for solid

waste

disposal in July,

1970

(Corn, 4~5, p2)

In

considering these allegations

in a light most favorable

to Complainant,

the Board is obliged to grant the Motion to Dis~

miss Counts

I and II because neither states a cause of action.

In Count

I the Complaint alleges violation of Public Health

Rule 5.07(b).

However, the Complaint further states that Re~

spondent purchased

the disposal site on January

4,

1974,

after

the Public Health

Rules were repealed on July

27,

1973

(Corn.

5

p2;

9 p3).

Count

I is,

therefore,

fatally defective and must

be dismissed.

Complainant

bases the claim in Count II upon Rule

305(c).

This Rule which

governs the final cover procedures

of solid waste

sites must be read in

conjunction with Rule 301 which provides

that no person shall

cause or allow the operation of a sanitary

~7~V7

---

—2—

Iancitii1

ieE~seach

Icquirement

of this Part

(i.e. Rule 305)

is pertormect.

Accordingly,

the Board has consistently held

that

tue site must have teen

in operation after July

27,

1973,

the effective date of the Chapter

7 regulations.

EPA v. Alex

PCB 7E~4O, 23 PCB 31; EPA v.

Palmer,

PCB 76—81,

22 PCB

165.

In

bhls

matter,

the

Complaint alleges that the disposal

site

was

closed before Respondent acquired ownership which makes

Rule

305(c)

i:~iapplicab1eto

Respondent.

In view of the

foregoing,

the Motion to Dismiss Humblewit

Farms,

Inc. will be granted.

IT IS

SO

ORDERED~

I,

Christan

L. Moffett, Clerk

of

the Illinois Pollution Con-

trol Board, hereby cert~fy the above Order was adopted on the

~

daj of ~

,

1977 by a vote of

~

Christan

Illinois Pollutió~—~ontrolBoard

~2C