ILLINOIS POLLUTION CONTROL BOARD

February 14, 1973

KATHRYN O1CONNOR,

ET AL

#73-3

v.

CITY OF ROCKFORD,

a Municipal Corporation

ORDER OF THE BOARD

(BY SAMUEL

T.

LAWTON,

JR.):

This proceeding is

a citizen’s action seekingwhat

is,

in

effect,

a cease and desist order against the

City

of Rockford,

preventing its operation of a proposed landfill in the unincorporated

portio~iof Winnebago County, and for revocation of the permit issued

to the City of Rockford by the Environmental Protection Agency.

On January

16,

1973,

we entered an order directing the

parties to file simultaneously briefs discussing the legal implica-

tions of the Supreme Court decision in case entitled Kathryn O’Connor

v. City of Rockford, dated October

2,

1972,

in Case #45021.

While

the Environmental Protection Agency is not a party to

this proceeding,

we

believe that any decision rendered in this case

will have wide implications on the permit authority of the Agency

and, accordingly, ask that it file an amicus curiae brief discussing

the above case as

it relates to the standard provisions of an Agency

landfill permit requiring compliance with local

zoning.

Should the Agency desire

to be a party

t.o this proceeding,

we will entertain its petition to implead,

if and when filed.

IT

IS SO ORDERED.

I, Christan Moffett,

Clerk of the Illinois Pollution Control Board,

certify that the above Order was adopted on the

j./4’Iday of February,

1973, by

a vote of

~3.

to

__________

7—115

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