ILLINOIS POLLUTION CONTROL BOARD
    February 17, 1977
    JOHN SEXTON CONTRACTORS CO.,
    Petitioner,
    v.
    )
    PCB 75—478
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by Mr.
    Zeitlin):
    The instant matter was filed originally before the Board in a
    “Comp1aint~’submitted December 17,
    1975,
    by Petitioner John Sexton
    Contractors Co.
    The issues in the case were the subject of an Interim
    Order by this Board issued on March 25,
    1976,
    on Motions for Summary
    Judgment and Dismissal,
    and need not be reiterated again in detail
    here.
    Subsequent to hearing, the principal parties agreed
    to a stay,
    allowed by several Interim Orders of the Board, while Petitioner
    submitted certain siting and zoning data for evaluation by the
    Environmental Protection Agency
    (Agency).
    That has apparently been
    done, and the Agency on September
    13, 1976, did issue a supplemental
    developmental permit for the solid waste management site in question.
    Based on that supplemental permit, Petitioner on February
    8,
    1977,
    moved for dismissal.
    Petitioner alleges that the instant case has
    been mooted by its agreement with the Agency on permit issuance and
    content.
    It may be argued that the supplemental permit cited by Petitioner
    in
    its Motion would’ not of itself constitute adequate grounds for
    such
    dismi
    ss~i
    1
    ,
    in
    till
    L
    (1)
    there
    are
    oLhc’r
    issues
    before
    us,
    (e.g.
    R,
    64);
    and
    (2)
    the
    Permit
    purports
    to
    grant
    a
    Variance
    from
    Rule
    314 (h) without regard to Rule
    207 (a)
    .
    Those
    issues
    are
    not
    before
    us, however, and we need not decide
    them.
    Petitioner seeks dismissal of its “Complaint,” and we shall
    grant the Motion without prejudice.
    IT
    IS
    SO
    ORDERED.
    24
    —
    761
    —2—
    I,
    Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify the above Order was adopted on
    the
    j7~~
    day of
    __________
    ,
    1977,
    by a vote of
    ‘/-,~,?
    Christan
    L. Moffett, Clerk
    Illinois Pollution Control Board
    24
    —
    762

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