ILLINOIS POLLUTION CONTROL BOARD
    August 30, 1990
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    Complainant,
    )
    v.
    )
    PCB 90-89
    (Enforcement)
    FRED JOHNSON, HERMAN L. LOEB
    )
    JOHNSON & BRIGGS TANK
    )
    TRUCK SERVICE a/k/a JOHNSON
    )
    & BRIGGS TANK TRUCK & HEATER
    )
    SERVICE, an Illinois Corporation,
    )
    )
    Respondent.
    ORDER OF THE BOARD (by J.C. Marlin):
    This matter comes before the Board on a Motion to Dismiss
    filed August 1, 1990 by Herman L. Loeb (“Loeb”). The motion
    asserts that the First Amended Complaint should be dismissed as
    against Loeb for failure to give notice of any pre-enforcement
    conference as required pursuant to Section 31(d) of the Illinois
    Environmental Protection Act. No response to this motion has been
    filed.
    The motion to dismiss raises matters for disposition which are
    outside the record. To prevail upon such a motion, Loeb must
    attach competent proof of the matters asserted. 35 Ill. Adm. Code
    101.242(a). Therefore the Board orders Respondent Loeb to file
    such affidavit with the Board to be received by the Clerk no later
    than 4:30 p.m., September 9, 1990.
    IT IS SO ORDERED.
    Board Members J. Dumelle, B. Forcade and J. Theodore Meyer
    dissented
    *
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the bove Order was adopted on the
    day of
    ______________________,
    1990 by a vote
    of
    /~/1~/(~/2~. /~Z~
    ~Y
    Dorothy M. .G4r~1n, Clerk
    Illinois Pollution Control Board
    114--8’ll

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