ILLINOIS POLLUTION CONTROL BOARD
    April 10, 1986
    KENNETH and LIBBY MC NEIL,
    )
    )
    Complainants1
    )
    )
    v.
    )
    PCB 86-44
    CONTINENTAL GRAIN COMPANY,
    )
    )
    Respondent.
    )
    ORDER OF THE BOARD (by B. Forcade):
    On March 21, 1986, Kenneth and Libby McNeil (“the McNeils”)
    filed a complaint against Continental Grain Company
    (“Continental”), claiming violations of the Environmental
    Protection Act (“Act”) and Board regulations relating to air
    pollution. On April 2, 1986, Continental responded by filing a
    motion to dismiss, claiming the complaint is frivolous and
    duplicitous.
    Continental argues the complaint is frivolous in that it is
    factually deficient. The Board disagrees. The complaint states
    that Continental is operating wjthout a permit and that
    Continental emits dust which covers the McNeil’s home and causes
    them health problems. Such factual claims, if proven, are
    sufficient to support violations of Section 9(a) and (b) of the
    Act. These factual claims may also support violations of Section
    212.461(1), (2), (3), (4) and (5), depending on the source of the
    dust emissions proven at hearing.
    Continental also argues the complaint is duplicitous in
    light of the pending action, Kenneth C. McNeil and Libby
    3.
    McNeil v. Continental Grain Company and Wabash Valley Service
    Company, No. 85-L-5, Second Judicial Circuit, Gallatin County.
    That action-at-law prays judgment of not less than $100,000 in
    compensatory damages. The court complaint does not request any
    civil penalty or a cease and desist order. By contrast, the
    complaint before the Board seeks a cease and desist order but
    does not seek compensatory damages. Consequently, the Board
    finds that the present complaint before the board is not
    duplicitous.
    Continental’s Motion to Dismiss is denied.
    IT IS SO ORDERED.
    69-46
    —2-
    Board Member J. Theodore Meyer dissented.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certifies th~tthe above Order was adopted on
    the /ô~ day of
    ___________________,
    1986, by a vote
    of
    ___________
    ~7.___
    Dorothy M. Gi~nn, Clerk
    Illinois Pollution Control Board
    69-47

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