ILLINOIS POLLUTION CONTROL BOARD

October 25,

1973

THE

 NEAR ONES, et. al.,

Complainants,

vs.

)

 PCB 73—268

THE ENVIRONMENTAL PROTECTION

AGENCY, HARRY A. CARLSON

et.

 al.,

Respondents.

ORDER OF THE BOARD

 (by Mr. Seaman):

On October 23,

 1973,

 the Near Ones, Complainants

the

above-captioned

 cause, filed a Motion For Leave

To

Amend

 Complaint.

 It is our policy to grant such

motions with liberality where

 the proferred amendments

serve to clarify and narrow the issues and where

Respondents are not prejudiced thereby.

 Accordingly,

the subject motion is granted.

This

 is the second amendment to the original

Complaint we have granted.

 Respondents herein have

filed Motions to Dismiss,

 the disposition of which

this Board was prepared to rule upon at our regular

meeting of October 25,

 1973.

 The parties have submitted

numerous and lengthy briefs regarding the issues

presented in Complainant’s first Amended Complaint.

It is now necessary that Respondents be given time to

respond to the additional allegations of the second

Amended Complaint.

Complainants’ attorneys have agreed that within

ten

 (10)

 days of the date of this Order, Complainant

shall deliver to the Board and to the Respondents

herein the final form of the Complaint as amended,

integrating therein the various amendments which have

been allowed to that date.

 Respondents shall have

fourteen

 (14)

 days from receipt thereof in which

to

respond.

9

—

631

—2—

Public hearings on this cause have been scheduled

for November

1,

 2 and

5.

 It is now necessary that

said hearings be cancelled.

 The question of whether

hearings will be rescheduled is dependent upon our

disposition of the pending Motions

 to Dismiss.

IT IS SO ORDERED.

Mr. Marder abstained.

I, Christan L. Moffett, Clerk of

 the Illinois

Pollution Control Board, certify that the above

Orde

 w s adopted by the Board on the

 day of

_____________

 1973 by

 a vote of

to

9—

832