ILLINOIS POLLUTION CONTROL BOARD
November
29, 1973
)
CITIZENS FOR A BETTER ENVIRONMENT
)
An Illinois Not-for-Profit Corporation
)
)
)
v.
)
2GB 73-481
)
)
EVERETT
J.
LAVOIB,
individually,
)
and d/b/a LAVOIE SANITARY SERVICE
)
)
ORDER OF THE BOARD
(by Mr.
Dumelle):
Complaint filed November 13, 1973
is dismissed because
it alleges
in Count
3 violations
of Rule
305(c) from August 23,
1972 through September
8,
1973.
Rule
305(c) was only enacted
by the Board on July
19, 1973
and thus was not in effect under
that number prior to this date.
Furthermore,
the complaint prays
for assessment of ~reasonable
attorneys fees” which
is
a power the Board does not have under
the statute.
The complaint
is dismissed without prejudice for lack of
specificity and for requesting relief which the Board cannot
grant.
IT
IS SO ORDERED.
I, Ghristan
L. Moffett,
Clerk of the Illinois Pollution Control
Board, hereby certify the above Order was adopted on the
~
day
of. November,
1973 by
a \rote of ___________________________________
Christan
L.
Moffett’,~Clerk
Illinois Pollutioll;Control Board
10-183