ILLINOIS POLLUTION CONTROL BOARD

August

29,

1974

KATHRYN O~CONNOR,et al,

Complainants,

vs~

THE CITY OF ROCKFORD,

 a municipal)

corporation,

Respondent.

Maynard

 Brassfield

 on behalf of Complainants

A, Curtis Washburn, Assistant City Attorney, on behalf of City

of Rockford

OPINION AND ORDER OF THE BOARD

 (by Mr, Henss):

Complaint was filed by Kathryh O~Connorand Others, against

the City of Rockford,

 alleging that a permit authorizing the City

to install and operate a solid waste disposal site ~n the unin~

corporated area of Winnebago County was i.mproperly.issued by the

Environmental Protection Agency~ The permit was issued on May 26,

1972,

 Complainants contended that the refuse disposal site failed

to conform to local zoning requirements and that access roads to

the disposal site were inadequate.

Subsequently, the.Supreme Court of Illinois in O’Connor vs

City of Rockford,

 52 Ill,

 2nd 360, rendered a decision involving

the same land and the same parties~ The present permit, however,

was not involved in the Supreme Court decision,

On August 1,

 1973 the Attorney General informed us that the

permit had lapsed and that the controversy so far as th~present

complaint

 .is concerned is moot,

 Condition 8 of the permit states:

“This permit

 is void one year from the date of issue

unless installation of this project has started on or

prior to the date of expiration”~

On October

4,

 1973 we entered an Opinion and Order which, while

indicating that the matter was probably moot, did give the City

of Rockford the opportunity to prove that the permit is still

valid,

 We directed the City of Rockford to advise the Board

within 15 days if it contends that the May 26, 1972 permit is

still in force and effect,

13—359

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