ILLINOIS POLLUTION CONTROL BOARD

August 5, 1976

PALOS CONSERVATION COMMITTEE,

)

ED R. NICLLEF, WILBUR W. MARTIN,

MERVYN

C. PHILLIPS, THE LIEUTENANT

JOSEPH P. KENNEDY SCHOOL FOR EXCEPTIONAL

)

CHILDREN, THE HOLY FAMILY VILLA, THE

SOUTH COOK COUNTRY GIRL SCOUTS, INC.,

)

and PEOPLE OF THE STATE OF ILLINOIS,

Complainants,

v.

)

PCB 76—191

LANDFILL, INC., WASTE MANAGEMENT OF

)

ILLINOIS, INC., and the ILLINOIS

)

ENVIRONMENTAL PROTECTION AGENCY,

)

Respondents.

INTERIM ORDER OP THE BOARD (by Mr. Zeitlin):

This matter is presently before the Board on a number of

preliminary Motions:

1. Emergency Motion to Stay Permit, filed by

Complainants Palos Conservation Committee, et al., on

July 9, 1976, to which Respondents Landfill, Inc.,

(Landfill) and Waste Management of Illinois, Inc., (Waste

Management) responded on August 2, 1976.

2. Motion for Leave to intervene fi1~don July 13,

1976, by the Attorney General for the People of the State

of Illinois, to which Respondent Environmental Protection

Agency (Agency) responded in opposition on July 20, 1976,

and Respondents Landfill and Waste Management responded

in opposition on August 2, 1976.

3. Motion to Sever and Dismiss filed by the Agency

on July 30, 1976.

4. Motion for Judgement on the Pleadings or in the

alternative Motion for Summary Judgement filed by the

Agency on July 30, 1976.

5. Motion for Leave to File Briefs and Motion for

Expedited Briefing Schedule, filed by the Agency on

July 30, 1976.

6. Motion to Limit the Scope of Review, filed by

Landfill and Waste Management on August 2, 1976.

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Complainant’s Emergency Motion to Stay Permit is denied. The

Board has no authority in situations of this type to enter or enforce

temporary injunctions or restraining orders.

Such being

the

essence

of this Motion, it must be denied.

The Attorney General’s Motion for Leave to Intervene is granted.

As requested in that Motion, the People are denominated a party

Complainant.

The Agency’s Motion to Sever and Dismiss is denied. As in

Committee to Save our Environment et al., v. Carison et al., PCB

75-443, PCB 76-8 (Consolidated) (Interim Opinion and Order of

Jan. 22, 1976), we find that the Complaint herein adequately states

a cause of action against the Agency.

The Agency’s Motion for Judgement on the Pleadings or in the

Alternative Motion for Summary Judgement shall be held for future

decision. Similarly, Landfill’s and Waste Management’s Motion to

Limit the Scope of Review shall be held.

The Agency’s Motion for Leave to File Briefs is Granted.

The issues in its Motion for Judgement on the Pleadings or in the

Alternative Motion for Summary Judgernent, and in Landfill’s and

Waste Management’s Motion to Limit the Scope of Review shall be

briefed by the parties under the following expedited briefing

schedule:

1. Respondents’ Briefs on the above Motions shall

be filed by August 16, 1976.

2. Complainants’ Briefs shall be filed by

August 26, 1976.

3. Respondents shall have until September 7, 1976

to file any reply to Complainants’ Briefs.

4. Complainants shall have until September 14, 1976

to file any response to the Respondents’ replies.

All parties shall address this Board’s authority to grant

Summary Judgement or Judgement on the Pleadings.

IT IS SO ORDERED.

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

Board, hereby ertif the above Interim Order wa adopted on the

~

day ~

,

1976, by a vote of

_________

trol Board

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