ILLINOIS POLLUTION CONTROL BOARD
    April 11, 1991
    KARL CHRIST AND HELEN CHRIST
    )
    )
    Complainants,
    V.
    )
    PCB 91-50
    (Enforcement)
    COMPOST ENTERPRISES, INC.
    )
    Respondent.
    ORDER OF THE BOARD (by 3. C. Marlin):
    This matter is before the Board on Respondent Compost
    Enterprises, Inc. ‘s (“Compost”) Motion to Dismiss filed March 14,
    1991. The complaint filed by Karl and Mary Christ against Compost
    was filed February 22, 1991. The motion asks the Board to dismiss
    the complaint because it is duplicitous, frivolous and fails to set
    forth the dates of the alleged noise and odor violations, the
    location of the facility alleged to be in violation and the nature
    of the relief requested.
    With regard to Respondent’s contention that more specific
    dates of violation are necessary in order to answer the complaint,
    the Board notes that the complaint (par. 7) alleges “ongoing”
    violations. The Board does not require more specificity in
    pleading when the allegation is of a continuing violation.
    Respondent’s main argument is that the complaint is
    duplicitous and frivolous in that “approximately 25 complaints have
    been made to the Department of Health of McHenry County” about the
    compost facility prior to its filing of the instant complaint with
    the Board. The motion states that “some” of them have been made
    by the Christs. The Board does not find that the complaints made
    to the Department of Public Health prevent the Christs from
    bringing this action to the Board. In addition, as noted
    previously, the allegation is that the alleged violations are
    ongoing. The Board therefore finds that the complaint is not
    duplicitous.
    The motion also alleges that the location of the compost
    facility alleged to be in violation is not identified and that the
    nature of the violation is unspecified. After review of the
    complaint the Board finds that the nature of the complaint and the
    relief requested is pleaded with sufficient specificity. It is
    true, that the location of the composting facility complained of
    is not specifically identified. However, the Board does not
    believe this to be a fatal defect. Therefore, the Board grants the
    Christs an additional 14 days to cure this deficiency. The
    Complainant shall serve an amended complaint with the Board with
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    2
    service upon the Respondent by April 25, 1991. The amended
    complaint shall identify the location of the facility in question.
    Respondents motion to dismiss is denied.
    IT IS SO ORDERED.
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board hereby certify that the, above Order was adopted on the
    day of
    __________________,
    1991 by a vote of 7_~
    Control Board
    12 1—80

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