ILLINOIS POLLUTION CONTROL BOARD

February 28, 1974

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

PCB 72—112

U.S.

SCRAP CORPORATION,

Respondent.

ORDER

(By Mr.

Henss)

On March

24,

1972 the Environmental Protection Agency

filed a complaint against U.S.

Scrap Corporation alleging

that respondent caused or allowed open burning, caused or

allowed the discharge of particulate and gaseous emissions,

and installed an incinerator without a permit in violation of

certain provisions of the Environmental Protection Act.

The

EPA appearing by its attorney, the Attorney General of the

State of Illinois, now moves

that the prosecution case be

dismissed.

In support of

its motion for dismissal the Agency

states that the operations described in the complaint are

no longer being conducted,

that citizens are no longer willing

to testify and that fire department records which were to form

a basis for proof of the violations have been determined to

be inaccurate.

We will allow the dismissal for the reasons suggested

by the Agency.

The dismissal will be without prejudice so that

any citizen who disagrees with the action being taken by the

Agency will have an opportunity to commence his or her

independent action.

It is ordered that this action be and it is hereby

dismissed without prejudice.

11 —311

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—2—

I, Christan L. Moffett, Clerk of the Illinois

Pollution Control Board hereby certify that the above

order was adopted on the 28th day of February,

1974 by

a vote of

5 to

0.

Christan L. Noffet 4~jLerk

Illinois Pollution ~6~?trol Board