ILLINOIS POLLUTION CONTROL BOARD

March 14, 1991

WONDER VIEW IMPROVEMENT

)

ASSOCIATION,

Complainant,

)

v.

)

PCB 91—48

)

(Variance)

NORTHERN ILLINOIS

)

UTILITIES INC.,

)

Respondent.

ORDER OF THE BOARD (by B. Forcade):

On March 13, 1991, the Wonder View Improvement Association

(“WVIA”) filed a formal complaint against Northern Illinois

Utilities Inc. alleging violation of Section 602.101 of the

Board’s Regulations. The complaint alleges as follows:

The installation of a water main without

construction per permits from the I.E.P.A. or

the I.C.C., the lack of a proper survey and/or

engineering study, and the placement of the

main to(o) close to the edge of the road

making it impossible for us to pave this road.

Complaint, Item 5.

In the request for relief, Complainants state that “(w)e are

requesting that this section of pipe be declared abandoned.”

This statement fails to make clear the nature of the relief

requested and whether the Board has authority to order such

relief. It is uncertain whether the WVIA seeks:

1. An order that Northern Utilities remove the

water main;

2. A cease and desist order that would prohibit

some conduct;

3. A declaration of legal title to some property

interest; or

4. Some other relief.

As part of its determination on whether the complaint is

frivolous or duplicitous, the Board hereby orders that, within 21

days from the date of this order, complainant shall file a

statement specifically informing the Board of the relief

requested and whether the Board has authority to grant such

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relief under the Illinois Environmental Protection Act. Ill.

Rev. Stat. 1989, ch. lll~. Respondent may ‘file a response not

later than 35 days from the date hereof.

IT IS SO ORDERED.

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

Board, hereby certify that the above Order was adopted on

the /4~i~ayof

______________,

1991, by a vote of

________

Dorothy M.(~k1nn, Clerk

Illinois Pollution Control Board

120—98