ILLINOIS POLLUTION CONTROL BOARD
April 2, 1998
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
SUNDALE SEWER CORPORATION
and HOWARD SPURGEON,
Respondents.
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PCB 97-192
(Enforcement - Water)
ORDER OF THE BOARD (by J. Theodore Meyer):
On March 13, 1998, complainant filed a “Motion to Amend Complaint” and
“Amended Complaint” (motion). In the motion, complainant seeks to 1) amend the complaint
to add Howard Spurgeon, sole owner and president of Sundale Sewer Corporation, as a
respondent and 2) include the following additional allegations: water pollution and effluent
violations; sewer backup and manhole pumping violations; and operational violations.
Respondent, Sundale Sewer Corporation, did not file a response to the motions within 7
days after service as allowed by the Board’s procedural rules, and is “deemed to have waived
objection to the granting of the motion.” 35 Ill. Adm. Code 101.241(b). The Board hereby
grants complainant’s motion for leave to file the amended complaint. The caption reflects the
Board’s decision to add Howard Spurgeon as a respondent in this matter.
IT IS SO ORDERED.
Board Member K.M. Hennessey abstained.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above order was adopted on the 2nd day of April 1998, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board