ILLINOIS POLLUTION CONTROL BOARD

August 28,

1975

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v,

)

PCB 75-22

FREEMAN UNITED COAL MINING COMPANY,

a Division of MATERIAL SERVICE

CORPORATION,

a Delaware Corporation,

)

and THE METROPOLITAN SANITARY

DISTRICT OF GREATER CHICAGO,

Respondents.

ORDER OF THE BOARD

(by Mr. Dumelle):

The Motion to Strike filed by The Metropolitan

Sanitary District

of Greater Chicago on August

8,

1975

is granted in part.

The

words

“a Metropolitan Sanitary District of Greater Chicago”

are

stricken from paragraph

3 of Count

I of

the Amended Complaint and

from paragraphs

(1)

and

(2)

of the prayer of Count

I of the

Amended Complaint.

Paragraph

(13)

of Count II of the Amended Complaint

is

stricken.

The request to strike Paragraphs

1 through 10 of Count II

is

denied.

Paragraph

13 of Count II

is stricken because

it alleges a violation

of Section 12(f)

of the Environmental Protection Act for

discharging contaminants without a National Pollutant Discharge

Elimination System

(NPDES)

permit issued by the Illinois Environmental

Protection Agency.

We

find that the Board does not have jurisdiction

to consider such an allegation prior to the date the Administrator

of the U.S. Environmental Protection Agency approves pursuant to

the Federal Water Pollution Control Act, the Illinois request to

administer the

NPDES

permit system.

Until Illinois has the authority

18—386

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to administer the NPDES permit system,

the Board

is without jurisdiction

to compel a discharger

to obtain an NPDES permit.

IT

IS SO ORDERED.

I, Christan

L. Moffett, Clerk of the Illinois Pollution Control

Board, hereby certify the above Order was adopted on the ______day of

August,

1975 by a vote of

~3—Q

~

Illinois Pollution

o

1 Board

18—