ILLINOIS POLLUTION CONTROL BOARD
    April
    8,
    1976
    JOHN TARKOWSKI,
    Complainant,
    v.
    )
    PCB
    76—55
    JAMES BELLI, LAKELAND PROPERTY
    OWNERS ASSOCIATION,
    INC.
    AND
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondents.
    ORDER OF THE BOARD
    (by Mr. Goodman):
    This matter comes before the Board upon the Motions
    to Dis-
    miss filed by Respondents James Belli,
    Lakeland Property Owners
    and the Environmental Protection Agency
    (Agency)
    on March
    15,
    April
    2,
    and March
    19,
    1976,
    respectively.
    The Board finds that
    all three counts of the Complaint
    in this cause do contain suffi-
    cient allegations to warrant
    a hearing under the Environmental
    Protection Act
    (Act).
    Therefore,
    the Motions to Dismiss are de-
    nied.
    However, the Board recognizes that
    a considerable number of
    the
    allegations and requests for relief
    in the Complaint are
    not within its jurisdiction or scope of authority under the Act.
    The Board, therefore,
    on its own motion hereby
    strikes the follow-
    ing portions of the Complaint.
    In Count
    I,
    the Board strikes:
    the
    legal conclusions
    in paragraph
    1, which read “causing a public
    nuisance,
    a danger to health and loss of property value,
    in viola-
    tion of Illinois Statutes Chapter
    38
    Article
    37”;
    all the allega-
    tions
    in paragraph
    4 other than that Respondent has,
    as a result
    of maintaining the dam, destroyed fish,
    polluted fish,
    caused health
    hazards
    to human life and substantially contributed to State pollu-
    tion problems;
    the allegations of paragraph
    7 beginning with “and
    has caused the loss of hundreds of trees.
    ..“
    through the end of the
    paragraph;
    and subparagraphs
    (c)
    and
    (d)
    of paragraph
    8.
    In Count
    II, the Board strikes paragraph 11.
    In Count
    III,
    the Board
    strikes
    21
    137

    —2—
    subparagraphs
    (a)
    3.,
    4.,
    5.,
    6., and
    7.
    of paragraph 14.
    In the
    prayer for relief in Count III,
    P.
    9,
    the Board strikes the request
    in paragraph
    I that the Board appoint a grand jury and strikes sub-
    paragraphs
    (c),
    (d),
    (e),
    (f),
    (g),
    and
    (h)
    of paragraph
    2.
    IT IS SO ORDERED.
    I, Christan L.
    Moffett, Clerk of the Illinois Pollution Control
    Board,
    her by certify the above Order was adopted on the
    day
    of
    ,
    1976 by
    a vote of_____________
    Illinois Pollution C~
    21
    138

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