ILLINOIS POLLUTION CONTROL BOARD
March 19, 2009
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
FELKER PHARMACY, INC. and ROD
BENNETT CONSTRUCTION, INC.,
Respondents.
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PCB 08-17
(Enforcement - Water)
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ROD BENNETT CONSTRUCTION, INC.,
Third-Party Complainant,
v.
MCCLELLAN BLAKEMORE
ARCHITECTS, INC. and WENDLER
ENGINEERING SERVICES, INC.,
Third-Party Respondents.
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PCB 08-17
(Citizens Enforcement - Water)
(Third-Party Complaint)
ORDER OF THE BOARD (by G.T. Girard):
On August 20, 2007, the People of the State of Illinois by the Attorney General, on her
own motion and at the request of Illinois Environmental Protection Agency (People), filed a
three-count complaint against Felker Pharmacy, Inc. (Felker) and Rod Bennett Construction, Inc.
(Bennett) (collectively, respondents).
See
415 ILCS 5/31(c)(1) (2006); 35 Ill. Adm. Code
103.204. The complaint concerns the Synder Pharmacy site located at Galena Avenue and
Everett Street, Dixon, Lee County. On August 23, 2007, the Board accepted the complaint for
hearing.
On December 10, 2007, Bennett filed a third-party complaint against McClellan
Blakemore Architects, Inc. (McClellan) and Wendler Engineering Services, Inc. (Wendler)
(collectively, third-party respondents). On March 20, 2008, the Board accepted the third-party
complaint for hearing.
On February 6, 2009, Bennett filed a motion to dismiss the third-party complaint. The
Board has received no responses to the motion from any party. Therefore, any objection to the
granting of the motion has been waived.
See
35 Ill. Adm. Code 101.500(d). The Board grants
the motion and the third-party complaint is dismissed.
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IT IS SO ORDERED.
I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
the Board adopted the above order on March 19, 2009, by a vote of 5-0.
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John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
