ILLINOIS POLLUTION CONTROL BOARD

July 31, 1986

AMERICANS FOR A CLEAN ENVIRONMENT,

)

Complainant,

v.

)

PCB 86—68

)

MERVIS INDUSTRIES, INC.

AND

H & L LANDFILL, INC.

Respondents.

ORDER OF THE BOARD (by J. Anderson):

At the outset, the Board directs the parties’ attention to

the revised caption in this matter, above, which reflects the

outcome of the motions to dismiss handled in this Order as well

as those handled in the Order of June 5, 1986. This revised

caption should be used in all subsequent pleadings.

This matter comes before the Board on various respondents’

motions to dismiss: Mervis Industries’ and H & L Disposal’s

motions and supplemental motions of June 4, June 13 and July 29,

1986, and the Vermilion County Board’s and the Vermilion County

Health Department’s motions and supplemental motions of June 5

and June 13, 1986. Various responses in opposition were filed by

citizen—complainants on July 21 and July 23. On July 29,

Respondents Mervis and H & L moved to strike these responses,

which motion is denied.

The motions to dismiss the Vermilion County Board and

Vermilion County Health Department are granted; the motions to

dismiss Mervis and H & L are denied.

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify tha the above Order was adopted on

the

3~A~4

day of

_____________________,

1986 by a vote of

S 0

Illi

on Control Board

71-432