ILLINOIS POLLUTION CONTROL BOARD

April

17, 1973

ENVIRONMENTAL PROTECTION AGENCY

#72—17

V.

ROY FRIETSCH

ORDER OF THE BOARD

(BY SAMUEL

T. LAWTON,

JR.):

Respondent has moved to strike the Agency’s amended complaint

on the grounds that the amended complaint specifies additional

dates of violation ranging from April

17, 1972 to March

30,

1973.

An examination of

the original complaint and the motion to amend the

complaint discloses that the Agency is, by its motion, seeking to

add additional dates for alleged violation of open dumping and

housekeeping provisions contained in the Rules and Regulations

Governing the Control of Refuse Disposal Sites and Facilities.

While the motion to amend has been filed only 12 days prior to

the date of the hearing, we do not believe the motion to amend

should be denied or stricken.

The Agency

is following the Rule set forth in Environmental

Protection Agency v. Mystik Tape,

a Division of Borden,

Inc.,

#72-180,

(January 16, l973)requiring the specification of dates of alleged

violations which have occurred subsequent

to the filing of the

petition.

Since the offenses alleged are in the nature of con-

tinuing violations, we do not believe Respondent to be at a disadvan-

tage in his capability

of offering proof in refutation of the alleged

charges.

Rather than grant the motion to strike, we admonish

the Hearing Officer that to the extent Respondent can demonstrate

that the closeness of the filing of the amended complaint to the

date of hearing would place Respondent at a disadvantage in making

its defense to any violations alleged,

the hearing should be continued

to a future date that would enable Respondent to make an adequate

defense.

IT IS SO ORDERED.

I, Christan Moffett,

Clerk of the Illinois Pollution Control Board,

certify

that the above Order was adopted on the

~1~’

day of April,

1973,

by a vote of

..3

to

a

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