ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    February
    28,
    1974
    CITIZENS
    FOR
    A
    BETTER
    )
    ENVIRONMENT,
    An
    Illinois
    )
    Not-For-Profit
    Corporation,
    )
    )
    Complainant,
    )
    v.
    )
    PCB
    74—20
    )
    CIRCUIT
    ETCHING
    TECHNICS,
    INC.
    )
    An Illinois Corporation,
    )
    THOMAS
    A.
    SRO1CA, et al.,
    )
    )
    Respondents.
    ORDER
    Complainant
    has
    filed
    an
    action
    against
    Circuit
    Etching
    Technics,
    Inc.,
    an
    Illinois
    corporation
    and
    Thomas
    A.
    Sroka
    alleging
    that
    they
    have
    violated certain provisions
    of
    the
    Environmental
    Protection
    Act
    and
    the
    regulations
    of
    the
    Pollution
    Control
    Board
    in
    the
    discharge
    of
    industrial
    wastes.
    Respondent
    Sroka
    moves
    that
    the
    action
    be
    dismissed
    as
    to
    him,
    stating
    that
    he
    acted
    only
    in
    his
    capacity
    as
    an
    officer
    or
    agent
    of
    the
    corporation
    and
    performed
    no
    acts
    as
    an
    individual.
    Both
    the complaint and the motion for
    dismissal
    are
    supported by affidavits.
    Whether Respondent Sroka is guilty of the charges
    is an issue to be decided after appropriate public hearing.
    A dismissal at this stage would be premature.
    We will deny
    the motion
    but
    do
    not
    by
    our
    ruling
    make
    any
    judgment
    regarding
    the
    substance
    of
    Respondent
    Sroka’ s
    contentions
    regarding
    responsibility
    for
    the
    alleged
    acts.
    These
    are
    issues which
    may
    be appropriately raised upon public hearing
    and
    may
    be considered by the Board
    in
    its
    final
    opinion
    and
    order.
    Respondent
    Sroka’s
    motion
    to dismiss as to one
    party
    is hereby denied as premature.
    11-4
    4—
    I, Christan
    L.
    Moffett,
    Clerk
    ol
    the
    Illinois
    Pollution
    Control
    Board
    hereby
    cerli~y
    that
    the
    above
    order
    was
    adopted
    on
    the 28th
    day
    of
    February,
    1974
    by
    a
    vote
    of
    5
    to
    0.
    U14~~L~
    ~
    Christan L. Moffett,,~7~lerk
    Illinois Pollution(~.~i’ntrolBoard

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