ILLINOIS POLLUTION CONTROL

BOARD

November

6,

1975

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

PCB 74—471

WILFORD E.

(ERNIE)

JOHNSON and

NORMA

I.

JOHNSON, d/b/a BYRON

SALVAGE, JULIAN KULLBERG,

d/b/a

ROTO-ROTOR,

INTERSTATE POLLUTION

CONTROL,

INC., and KULLBERG

ENTERPRISES,

INC.,

Respondents.

INTERIM OPINION AND ORDER OF THE BOARD

(by Mr. Goodman):

This matter comes before the Pollution Control Board

(Board)

upon the October

30,

1975, motion of Respondents

Julian Kullberg, d/b/a Roto-Rotor,

Interstate Pollution

Control,

Inc.

(Roto-Rotor)

and Kullberg Enterprises,

Inc.

(Kullberg),

to dismiss Count V of the Amended Complaint,

and

W.E. Johnson and N.I.

Johnson, d/b/a Byron Salvage’s

(Byron)

October 29, Motion to Dismiss.

Respondents contend that this action is barred by the

Statute of Limitations

as set forth in Chapter

83, Section

15,

Iii.

Rev.

Stat.

However, Complainant has alleged that

the violations herein are continuing.

Therefore,

regardless

of whether said Statute may apply,

two years have not passed

since the violations alleged in the complaint occurred.

Respondents next contend that the complaint fails to

state sufficient facts

to constitute a course of action.

The Board holds that the complaint

is sufficient to put

Respondents on notice of the nature of matters complained of

adequate to reasonably allow preparation of a defense.

Respondents, Roto-Rotor and Kullberg, by filing their

motion to dismiss, have conferred personal jurisdiction upon

the Board.

In consideration of the foregoing,

it is the Order of

the Board that Respondentst Motions to Dismiss be and are,

hereby,

denied.

I, Christan

L.

Moffett, Clerk of the Illinois Pollution

Control Board,

hereby certify the above Opinion and Order

were adopted on the

(~1~

day of

______________

1975byavoteof41_~

Q,n

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19215

Christan

L. Moffet~~erk

Illinois Pollution Control Board