ILLINOIS
POLLUTION
CONTROL
BOARD
May
26,
1971
Environmental
Protection
Agency
)
)
v.
)
PCB 70-9
)
city of Springfield and Springfield
)
city Water, Light
&
Power
Company
)
Attorney for the Environmental Protection Agoncty
-
Thomas Scheuneman
Attorney for the City of Springfield
-
Ralph
Simhauser
and I.
3. Feuer
Opinion of the Board
(by Hr. Kissel):
On May 12,
1971, the Environmental Protection Agency filed a
motion with this Board pursuant to Rule 327 of the Board’s Procedural
Rules to grant the Agency leave to file an amended complaint,
conforming the pleadings tc the proof.
The amended complaint alleges
that January 6 and 7,
1971, the City of Springfield was observed to
be emitting smoke from Lakeside and Dallnaz: plants in violation of
Rule 3-3.122 oC the Rulr•z
rtnd Requlati~nsGoverning the Control of
Air Pnfluticin.
r~~d
ctnrnnti~
tnnt
i-hr.
rH-v
~‘n~
been
~nstaflingoil
fired
boilers
and
other
aqtiioter.t capable of causing or contributing
to air pollution and/or designed to provcent air pollution without ob-
taining a permit
fro;a the Environmental Protection Agency in violation
of Section 90 of the Act.
While
the
Board
is
generally
very
liberal
with
regard
to
pleadings,
it
is
indeed
going
too
far
to
allow
pleadings,
even
those
pleadings
which
conform
to
the
proof,
to
be
filed
on
the
date
the
opinion
of
the
Board
is
handed
down.
This
±sexactly
what
happened
in
this
case
and,
therefore,
the
notion
to
file
the
amended
complaint
is
hereby denied.
I, Regina B. Ryan, Clerk of the Illinois Pollution Control Board,
certify
that
the
above
opinion
was
adopted
by
the
Board this 26th day
of
May,
1971.
-.
.—~
(
~—~-
(IL)
~.
.~
~~-‘
4.
Ft
-
/0
1— $13