ILLINOIS POLLUTION CONTROL BOARD
    November
    6,
    1975
    PEOPLE OF THE STATE OF ILLINOIS,
    )
    Complainants,
    v.
    )
    PCB 75—368
    LINCOLN STONE QUARRY, INC., et al,
    Respondents.
    ORDER
    OF THE BOARD
    (by Mr.
    Goodman):
    This matter comes before the Pollution Control Board,
    (Board), upon the October 20,
    1975, Motion to Dismiss of
    Respondent First National Bank of Joliet as Trustee under
    Trust No.
    724
    (Joliet).
    Joliet contends that as
    it is the lessor of the property
    on which
    a solid waste management site is operating,
    allegedly
    without
    a permit, it is not a proper party.
    It bases this
    argument on contracts and the trust agreement which are not
    attached
    to the motion.
    Nor does Respondent attach any
    affidavit to support its motion.
    In addition, the motion is
    untimely.
    Rule 308(a) of the Board’s Procedural Rules provides
    that motions to dismiss are to be filed within fifteen days
    after receipt of the Complaint.
    Respondent’s motion was filed
    some thirty days after receipt.
    Respondent states
    that, according to its lease agreements,
    it has no power to control the actions of the lessee.
    Rule
    202(b) (1) of the Solid Waste Regulations states,
    in part,
    no person shall cause or allow the use or operation
    of any existing solid waste management site without an
    operating permit.
    .
    .
    .“
    (emphasis added.)
    The Board stated
    in EPA v.
    James ~cHugh Construction Co., et al, PCB 71-291:
    “The term “allow” imposes affirmative
    duties that may in some cases go beyond
    those of the common law to exercise care
    to prevent others from causing pollution...
    Al
    landfill owner must exercise some
    control over those operating the facility
    under lease
    ...
    Wie
    do not believe the
    policy of the statute can be evaded by
    contract....”
    19
    —
    261
    —2—
    In view of the foregoing, without copies of the leases
    and/or trust agreement, the Board must deny Joliet’s Motion
    to Dismiss.
    IT IS SO ORDERED.
    I, Christan L. Moffett,
    Clerk of the Illinois Pollution
    Contro~1.Board, hereby certify the above Order was adopted on
    the
    tj’’
    day of ~
    by a vote of
    4.t~
    Illinois Pollution
    rol Board
    19
    —
    262

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