ILLINOIS POLLUTION CONTB~

October

30,

1975

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

V.

)

PCB 75—303

PETERSON/PURITAN,

INC.

)

Respondent.

INTERIM OPINION AND ORDER OF THE BOARD

(by Mr. Goodman):

This matter comes before the Pollution Control Board

(Board;

upon the motion of the Environmental Protection

Agency

(Agency)

to vacate and reconsider the Board Order of

September

4,

1975,

herein.

The Board finds,

as

a matter of

law,

that it,

as any

~udiciai

or quasi-judicial body,

inherently has the power to

determine, before hearing, whether

it has jurisdiction over

the subject matter of any cause brought before it.

This

naturally follows from the proposition that if the Board

does not have

jurisdiction over the subject matter,

then any

Board Orders in such matters would be nullities

in the eyes

of the law.

The Board will, however, grant the Agency’s Motion to

Vacate and Reconsider,

and will order the Respondent to file

an Answer to the Agency’s Brief.

However,

the Answer shall

be limited to the issue of whether the Board

in fact does

have jurisdiction at this time over enforcement complaints

alleging violations of

NPDES permits.

In consideration of the foregoing,

it is the Order of

tte Board

that:

1)

Its Order of September

4,

1975,

herein,

be and is

hereby vacated;

and

2)

Respondent shall

file its Answer

to

Complaint’s

Brief within

28 days of this Order and that the Agency shall

file its Reply within fourteen days of its receiving Respondent’s

Answer.

IT

IS SO ORDERED.

Mr. Young abstains.

2,

Ciristan

L, Moffett,

Clerk of the Illinois Pollution

Control

Board, hereby certify thç above Interim Opinon and

CL~ut

r

~Jert.adoptea

on

the

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o

_______________

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a vote

01

19-158

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