ILLINOIS POLLUTION CONTROL BOARD

January

9,

1986

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

Complainant,

V.

)

PCB 85—31

PRODUCTION FINISHERS AND

FABRICATORS,

INC.

Respondent.

ORDER OF THE BOARD

(by

J. Theodore Meyer):

On November

19,

1985 Respondent moved

to dismiss

this

enforcement action for

failure of the Illinois Environmental

Protection Agency

to comply with mandatory language

of the

Environmental Protection Act which requires that a statement that

financing may

be available

to correct violations accompany any

complaint.

Ill. Rev.

Stat.

1983,

ch.

lliJ/2, par.

1031(a).

The

Agency responded

to

the motion at the hearing conducted

in this

matter

on November

26,

1985.

(R.

at 9—10).

The hearing officer

erroneously dismissed

the motion in contravention of 35

Ill.

Adm.

Code 103.140(a) and

(e)

which requires that all motions

to

dismiss

be ruled upon by the Board.

(R.

at

17).

The Board

finds that compliance with

the requirement

of

Section 1031(a)

is

a jurisdictional prerequisite for the proper

filing

of

an enforcement case before

the Board.

Accordingly,

the

motion

to dismiss

is granted

arid

this matter

is dismissed without

prejudice.

IT IS SO ORDERED.

J. Anderson concurred.

J.

D.

Duinelle and R.

C.

Fleinal dissented.

I, Dorothy

M.

Gunn, Clerk

of the Illinois Pollution Control

Board,

hereby certify that the above

order was adopted on

the

9~’~

day

of

______________,

1986,

by a vote

of

5—~

Dorothy

M. ~nn

Illinois Pollution Control Board