ILLINOIS POLLUTION CONTROL SOARD
    January
    9,
    1975
    CITIZENS
    FOR
    A
    BETTER
    ENVIRONMENT
    an
    Illinois
    Non—For-Profit
    Corp.,
    Complainant.
    PCB 74—285
    NORTH ELMHURST SANITARY DISTRICT,
    a Municipal
    Corporation
    and
    TEE
    CiTY
    OF
    ELMHURST,
    a
    Municipal
    Corporation,
    Respondent,
    ORDER
    OF
    THE.
    BOARD
    (by
    Mr.
    Dumelle):
    The
    City
    of
    Elmhurst
    filed
    a Motion
    ~
    Dismiss
    on
    January
    2,
    1975.
    The
    Motion
    was
    directed
    to
    seven
    points.
    The
    first
    three
    points
    dealt
    with
    the
    ability
    of
    Citizens
    for
    a
    Better
    Environment
    (CEE)
    to
    maintain
    the
    present
    action.
    The
    Board
    has
    previously
    found
    in
    favor
    of
    CEE
    on
    these
    three
    points
    :Ln
    a
    case
    entitled,
    CI3E
    v,
    Citizens
    Utility
    Company
    of
    Illinois, PCB 74—367
    (January 9,
    1975)
    The next two points raised
    by
    the
    City
    of
    Elmhurst
    deal with the Board~sauthority to
    levy
    a
    fine
    or
    enter
    a cease and desist order.
    These questions have been fully
    litigated in City of Waukegan v.
    Pollution
    Control Board,
    et
    al,
    57 Ill.
    2d 170; Cobin v. Pollution Control Board,
    16.
    Ill. App.
    3d 958.
    Therefore,
    these allegations do not support
    a Motion
    to Dismiss.
    The Board finds that CBE stated enough allegations to
    cive Respondent notice as to what he
    is being charged. with
    so that he may put forth an adequate defense.
    Paragraph
    .3of
    Count
    I
    alleges
    that
    the
    City
    of
    Elmhurst operates a
    sewage treatment facility.
    Paragraph
    6 alleges that both
    the
    City
    of
    Elmhurst and the North Elmhurst
    Sanitary
    District
    have caused
    a violation of Rule
    602
    (b)
    of
    Chapter
    3.
    Paragraph
    7
    alleges that both Respondents have caused
    a violation of
    Rule
    903(c) (3)
    of
    the Water Pollution Regulations by failing
    to
    obtain an operating permit from the Illinois Environmental
    Protection Agency,
    F’or
    these
    reasons,
    Points
    5~6, and
    7
    do
    not
    support
    a
    Motion
    to
    Dismiss.
    The
    Poard
    hereby
    denies
    the
    City
    of
    Elnihurst~s
    Motion
    to
    Dismiss.
    15—189
    1,
    Christan
    L.
    Mcffett,
    Clerk
    of
    the
    Illinois
    Pol1ut~on
    Control
    Board,
    hereby
    certify
    the
    above
    Order
    was
    adopted
    on
    the
    9~~day
    of
    January,
    1975
    by
    a
    vote
    of
    ~
    ~
    Christan
    L.
    Moffet~~1erk
    Illinois Pollution~6ntrolBoard

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