ILLINOIS POLLUTION CONTROL BOARD

April

8,

1976

ROBERT

H.

BRUNS,

Complainant,

v.

)

PCB 76-73

RICHARD

H.

BRICELAND,

THOMAS

CLARK and ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondents.

ORDER OF THE BOARD

(by Mr.

Zeitlin):

The Board finds that the Complaint

in this matter,

filed on

March

15,

1976,

is frivolous and untimely.

The Complaint

is

frivolous inasmuch as

it

fails

to allege a single specific instance

of the Agency’s issuance of an improper permit for the disposal of

hazardous or liquid wastes.

The Complaint

is untimely,

and not properly brought to this

Board as an enforcement matter,

insofar as its essence

is an allega-

tion that the Board acted improperly

in the adoption of Chapter

7:

Solid Waste, of its Rules and Regulations.

The latter issue should

properly have been brought as

a part of the proceedings leading to

the adoption of Chapter

7,

and not in an enforcement case as attempted

in the instant Complaint.

See,

also,

Chapter

7,

Rule

205(j).

Although a Motion to Dismiss this case was filed by the Attorney

General for the Environmental Protection Agency on April

7,

1976,

we need not decide that Motion,

as

it

is moot in light of our decision

on the issues listed above.

For the reasons above,

the instant case is dismissed.

IT IS SO ORDERED.

I, Christan L. Moffett,

Clerk of the Illinois Pollution

Control Board, hereby ce tify the above Order was ad pted on

the

JL~

day of

__________,

1976, by a vote of

____

oJj~

Christan

L. Moffettç

rk

Illinois Pollution

rol Board

21

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