ILLINOIS POLLUTION CONTROL BOARD
    November
    6,
    1975
    PEOPLE OF THE STA.TE OF ILLINOIS,
    Complainants,
    )
    v.
    )
    PCB 75—368
    LINCOLN STONE QUARRY,
    INC.,
    et al,
    )
    )
    Respondents.
    INTERIM OPINION AND ORDER OF TUE BOARD
    (by Mr.
    Goodman):
    This matter comes before the Pollution Control Board,
    (Board), upon the October
    22, 1975, Motion to Dismiss of
    Respondent Commonwealth Edison Company,
    (Edison).
    Edison’s first contentions are substantially the same
    as those raised by Respondent First National Bank of Joliet’s
    Motion of October 20,
    1975.
    In a companion Opinion,
    today,
    we have decided those issues and have denied that Motion.
    In addition, Edison has no standing to raise a defense for
    other Respondents.
    Edison contends that, under Section 21(e)
    of the
    Environmental Protection Act,
    (Act), it is not required to
    have an operating permit as it
    is merely disposing of self—
    generated waste materials.
    The Board notes that Edison has
    not seen fit to provide the Board with affidavits
    to support
    this statement of
    fact.
    Edison states that the Board’s reasoning in EPA v.
    City
    of Pontiac, PCB 74—396, was incorrect.
    The Board~eaffirms
    its interpretation of Section 21(e)
    of the Act. Whether
    Rule 305 of the Solid Waste Regulations applies
    in the
    absence of a permit
    is irrelevant to the issue of whether
    Respondent
    is required to obtain a permit.
    The purpose of the Act is to protect the State’s environment
    and,
    in so doing, protect the health and property of the citizens
    of the State of Illinois.
    The permit system is designed to
    assure the proper disposal of refuse so as to prevent injury
    to the environment and the public.
    To allow the unsupervised
    disposal of large quantities of refuse would not only undermine
    the permit system but also the plain intent of the Act.
    The Board must affirm its Opinion in City of Pontiac,
    supra.
    19
    —
    263
    —2—
    In any case, Edison actually raises a question of mixed
    fact and law which cannot be resolved until hearings have been
    held.
    Edison’s Motion to Dismiss will,
    therefore,
    be denied.
    IT IS SO ORDERED.
    I, Christan
    L. Moffett,
    Clerk of the Illinois Pollution
    Control Board, hereby certify the above Interim Opinion and
    Order were ~dopted
    on the ~
    day of
    I~q
    975 by
    a vote of
    4—o
    C ristan
    L.
    offet
    erk
    Illinois Pollutio
    trol Board
    19— 264

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