~1~O~S ~OLL’TL3

~ R

B

R

;

3

-

T~s

r~izenc ~

da~oe

tne

~it

S

putrncT

trJ

air ~

ti’ oor

ai’3 foan

d

wit~aisc~arg~

ewag~r~

Wes~ ‘3 anch of the DuPage R~ve~anô onto recLaentrai

ropo

Tbc a legations

arE. ~e~iou~

,

ant we thall era t leave ~o

amend

the complacnt

ri ds red

so

~ts

to contaii

t e aad~

al i~fornatiunrequi’~edby on

Procedurai Rue 3O~ ~ cop

whicf will be sent to

ti’e conola~rantassociation.

Suc

~fornation

must be irciuded in order to

givE. the ~ty

if

be th~proper party complained against, adequate notice ar3

opportunity to know the c~argesagains~ whici it must defer

We asc call the a~sociatior’s attento~ ~c the fact t~at~

if an amendeö formal complaint

is

filed

the association wrl~

bear the burden of proving before the Board the allegations

made

The Board~sfunction is like that of

a court; we canno~

investigate or prove cases

but must decide on the basis of

evidence presented by the parties.

This is often

a difficult

task, but the

burden

has been successfully borne a number of

times in the Board~sbrief history.

E.g., League of Women

Voters v.

North

Shore Sanitary District, #7O~7

(March

31, 1971).

For complainants

who

are

not prepared to assume such an active

part,

we can

treat the

complaint as an informal one and

refer

it to the Environmental Protection Agency,

the official state

enforcement agency,

for investigation and possible prosecution.

We shall allow

30 days for the filing of an amended formal

complaint,

It is so ordered.

I, Christan Moffett, Clerk of the Pollution Control Board, certify

that the Board adopted the above Preliminary Opinion

&

Order this

I St.

day of August,

1972, by a vote of ~—ø

5