ILLINOIS POLLUTION CONTROL BOARD

P~pri1 27,

1989

THOMAS

S. FREDETTE,

)

Complainant,

v.

)

PCB 89—61

VILLAGE OF BEECHER,

Respondent.

ORDER OF THE BOARD (by B. Forcade):

On April

5,

1989, Thomas

S.

Fredette filed

a eight—count

complaint against

the Village of Beecher.

On April

27,

1989,

the

Village

of Beecher

filed

a motion to dismiss complaint

as

duplicitous or for alternative relief.

The Board heard oral

argument on the motion

to dismiss

at the April

27

regular Board

meeting.

The motion

to dismiss

is denied and this matter

is

accepted

for hearing.

At argument, counsel

for the Village

of

Beecher admitted that the complaint

is not frivolous and the

Board finds that the complaint

is not duplicitous at

the present

time.

If,

as asserted

in the motion

to dismiss,

the Illinois

Environmental Protection Agency subsequently

files an enforcement

action against the Village

of Beecher, Mr.

Fredette

is free

to

dismiss

all or part of his complaint.

He may also seek

consolidation with any subsequently filed complaint.

IT

IS

SO ORDERED

I, Dorothy M.

Gunn, Clerk

of the Illinois Pollution Control

Board,

hereby certify

t at

the above Order was adopted on

the c7~tZ day of ________________________,

1989,

by

a vote

of

7-°.

Dorothy M. ~

Clerk

Illinois Po~1’lutionControl Board

98—287