ILLINOIS POLLUTION CONTROL BOARD

September 13,

1973

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

vs.

)

PCB 72—285

ILLINI BEEF PACKERS INCORPORATED,

Respondent.

ORDER OF

THE

BOARD

(by Mr. Henss)

Respondent Illini Beef Packers Inc.

on August 30, 1973

filed Motion to Strike Complaint.

Paragraphs

2,

3,

4 and 5

of the Motion contend that the Complaint which was filed

June 30, 1972 does not contain a concise statement of facts,

consists solely of conclusions of law, is

based upon statute

and regulation so vague and indefinite as to be invalid under

the Illinois and United States Constitutions and deprives

Respondent of right

to trial by jury.

Those paragraphs of

the Motion are denied.

Paragraph 1 of the Motion states that the hearing officer

delayed scheduling the hearing in this matter an i~nreasonable

~eriod of time to

the

prejudice of Respondent.

That part of

Lhe

Motion will he taken with the case.

No showing of prejudice

was; made but we will permit evidence on this issue to be

pr~entedwhen this matter is submitted to hearing.

It

is ordered that Paragraph

1 of the Motion will be taken

h the case and that the Motion shall be denied as to para-

graphs

2,

3,

4 and 5 of the Motion.

I, Christan L. Moffett, Clerk of the Illinois Pollution Control

Board, here y certify the above Order was adopted this

________

day of

~

1973 by

a vote of

d/

to

~

Q~ifl;fr~

9

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