ILLINOIS POLLUTION CONTROL BOARD
December
4,
1980
ENVIRONMENTAL PROTECTION AGENCY,
Complainant,
v.
)
PCJ3 78—50
NORTH SHORE SANITARY DISTRICT,
Respondent.
INTERIM ORDER OF THE BOARD
(by J.D, Dumelle)~
On November 12,
1980,
the Agency moved to dismiss Count V of
the Second Amended Complaint which alleges that Respondent has
and continues to emit odors.
In support of its motion, the
Agency states that it “does not believe
it can sustain a prima
facie case.”
The Board has received no objection to this motion,
although,
when this motion was orally made at hearing on October 29,
1980,
the Village of Gurnee indicated that it might formally ob-~ect (P..
815—817).
As this motion was
made
after the
hearing
commenced:
and
the
exhibits
supporting
the
motion
indicate
that
Respondent
is
not
the
source
of
the
odor
problem
previously
testified
to
at
hearing,
Count
V
of the Second Amended Complaint
is
hereby
dismissed
without
prejudice.
IT IS SO ORDERED
J.
Anderson dissents.
I,
Christan L.
Moffett,
Clerk of the Illinois Pollution Control
Board, hereby certify ~hat the above Interim Order was adopted on
the ~
day of
~
1980 by a vote of
41/.
Christan L. Mof~~J Clerk
Illinois Pollution Control Board
40
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