ILLINOIS POLLUTION CONTROL BOARD

April

28,

1977

PEOPLE OF THE STATE OF ILLINOIS

)

arid ENVIRONMENTAL PROTECTION AGENCY,

)

Complainant,

v.

)

PCB 76—290

DODGE TROPHIES,

INC.,

a Delaware

corporation,

)

Respondent.

ORDER OF THE BOARD

(by Mr. Young):

This matter is before the Board on Respondent’s Motion

to Dismiss which was

filed on February 15, 1977.

The Motion

is based on the theory that Respondent’s Sanitary Water Board

Permit which was issued in 1967 should be deemed to be a

permit issued by the Agency within the meaning of Rule

953(a).

The Board believes that Rule 956(a) plainly provides otherwise.

Rule 956(a)

states that the issuance of

any

permit by any

predecessor will not excuse compliance with the operating

permit requirements

of Rule

953.

As pointed out by Complainants,

the Board also notes that this language was contained in Rules

903(a)

and 908 of an earlier version of our Water Regulations

which were adopted by

the

Board on March

7, 1972.

In view of

the foregoing,

the Motion to Dismiss

is hereby denied.

Respondent’s Motion to Strike Portion of Complainants’

Response to Brief

in Support of Motion to Dismiss

is hereby

granted.

The Joint Motion for Continuance

filed on April

20,

1977,

is hereby qrantc~d.

IT

IS SO ORDERED.

I,

Christan

L.

Moffett, Clerk of the Illinois Pollution

Control Board, herebX certify the above Order was adopted on

the

(~4~JJL

day of

/

JJ~

,

1977 by a vote of

~5_-()

—.

~

(~)~~I

~L

Christan L. Moffett,~ierk

I

Illinois Pollution Cohtrol Board