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