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

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~

—

138