ILLINOIS POLLUTION CONTROL BOARD

November 6, 1975

PEOPLE OF THE STATE OF ILLINOIS,

Complainant,

v.

)

PCB 75—362

WHEATON SANITARY DISTRICT,

a municipal corporation,

Respondent.

ORDER OF THE BOARD (by Mr. Zeitlin):

The Complaint in this matter was filec~by the Attorney

General for the People of the State of Illinois on September 16,

1975. Respondent Wheaton Sanitary District on October 6, 1975

filed a Motion to Dismiss, to which the People responded on

October 6, 1975.

The Complaint in this matter must be dismissed for

procedural inadequacy. The

Complaint alleges violation

of

Section 9(a) of the Act during the period immediately subse-

quent to the Board’s entry of a final Opinion and Order in

Environmental Protection Agency v. Wheaton Sanitary District,

PCB 74-351 (June 6, 1975). In the Order was a direction that

Respondent Wheaton Sanitary District “cease and desist from

operating its Sewage Treatment Plant in violation of Section 9(a)

of the Environmental Protection Act,” subject to certain

conditions, (Opinion and Order at 6). The instant Complaint

by the Attorney General should instead be brought as an action

to enforce our Order, in the proper forum, and is dismissed.

IT IS SO ORDERED.

Mr. Dumelle dissents.

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

Contrp~Board, hereby certify the above Order was adopted on

the (p ~“day of

1’)

1975 by a vote of

3... ~

Christan

L. Moffe

lerk

Illinois Pollutio ontrol Board

19

—