ILLINOIS POLLUTION CONTROL BOARD
    December 13, 1979
    PETER ZAJAC,
    )
    )
    Complainant,
    )
    v.
    )
    PCB 79—10
    )
    CHICAGO TRANSIT AUTHORITY,
    )
    a municipal corporation,
    )
    Respondent.
    )
    ORDER OF THE BOARD (by Mr. Goodman):
    To the extent Respondent’s December 6, 1979 motion seeks
    reconsideration of the Board’s
    November
    29, 1979 Order regarding
    jurisdiction over vibrations as a source of pollution, it is
    denied.
    To the extent Respondent’s motion Seeks clarification of
    that Order, it is granted. The phrase ‘nuisance claim’ refers
    to
    allegations that Respondent’s activity constituted a common
    law and/or statutory nuisance offense and does not refer to
    allegations that Respondent’s activity causing vibrations con-
    stituted a presence in the atmosphere of one or more contami-
    nants. Whether or not vibrations constitute pollution is a
    different basis for jurisdiction than whether or not vibrations
    constitutes a common law and/or statutory nuisance offense.
    Petitioner’s December 11, 1979 filing of a ‘History’ in
    this enforcement
    matter is ordered construed as an appendix
    to the complaint. It shall
    be labeled ‘Appendix 1 to Complaint’
    by the Clerk.
    The appendix is not subject to motions to dismiss or
    strike pursuant to Procedural Rule 308(a) because it consists
    of factual allegations and not legal agruments. To the extent,
    however, the appendix pleads the Board’s jurisdiction over
    statutory and/or common law nuisanpe offenses, it is stricken.
    Zajac v.
    cm,
    flB 79—10, Board Order entered November 29, 1979.
    IT IS SO ORDERED.
    37—7
    Mr~ Werner dissents
    I, Christan L, Moffett, Clerk of the Illinois Pollution
    Control Board, he
    above Order was adopted on
    the
    day of
    1979 by a vote of ~
    Christan L, Mof~~, Clerk
    Illinois Pollutio
    Control Board
    37—8

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