ILLINOIS POLLUTION CONTROL BOARD

March

25,

1976

VERNA FOGELSONG KUHN,

Complainant,

v.

)

PCB 76-71

)

HINSDALE SANITARY DISTRICT,

and VILLAGE OF CLARENDON HILLS,

Respondents.

ORDER OF THE BOARD

(by Mr.

Zeitlin):

The Complaint filed March

10,

1976,

is inadequate

in several

respects:

1.

The Complaint is not sufficiently specific

to provide Respondents with notice of exactly how

they are alleged

to have violated Chapter

3: Water

Pollution,

of

the Board’s Rules and Regulations, and

the Environmental Protection Act.

Specific acts and

dates of violation should be included in the Complaint,

relating exactly how those specific acts are

in contra-

vention of Respondents’ duties under the Act or our

Regulations.

2.

The Complaint

is not sufficient, on its

face,

to show that the Board has jurisdiction over

all of the alleged violations.

For example,

it

is

not clear that the Board has jurisdiction to adjudi-

cate flood drainage issues.

3.

The alleged “damage to person and dwelling

and property”

is not adequately described.

As a result of those inadequacies, the Complaint must be dismissed,

without prejudice.

IT IS SO ORDERED.

I, Christan

L. Moffett, Clerk of the Illinois Pollution

Control

Bqaçd, hereby certi y the above Order was adopt d

on the

~

day of

__________,

1976, by a vote of

___________

Q~kco?e’Th~$~

Illinois Pollution C

ol Board