ILLINOIS POLLUTION CONTROL BOARD
    August
    9,
    1990
    THOMAS
    S. FREDETTE,
    Complainant,
    v.
    )
    PCB 89—61
    (Enforcement)
    VILLAGE OF BEECHER,
    )
    Respondent.
    ORDER OF THE BOARD (by 3. Marlin):
    This matter comes before the Board on a Motion to Dismiss
    Complaint or
    for Alternative Relief filed July
    27,
    1990 by the
    Village of Beecher
    (“Village”).
    The motion comes more than four
    months
    after the Board entered default against
    the Village and in
    favor
    of Petitioner Thomas Fredette in this matter.
    It also
    comes
    four months after we affirmed our default order
    after
    a
    motion to reconsider
    that was ~i1ed by the Village.
    Thomas
    Fredette filed a Response
    to Motion to Dismiss on August
    6,
    1990.
    The motion states that the matter
    is duplicative of
    an
    enforcement proceeding filed in Will County Chancery Court which
    has now been settled.
    The motion also states that under
    our
    procedural rules
    the Board may dismiss Fredettets complaint for
    this reason
    “at any time’t.
    This
    is not
    the first
    time
    the
    Village has raised this matter,
    however.
    In its order of April
    27, 1989 the Board determined
    that
    the allegations
    in Fredette’s
    complaint were not duplicative.
    Our review of Fredette’s
    Complaint and the Consent Decree entered by the Village and the
    People of the State of Illinois
    finds
    this
    to be still
    true.
    Therefore,
    this motion is denied.
    IT IS SO ORDERED.
    I, Dorothy
    M. Gunn, Clerk of
    the Illinois Pollution Control
    Board
    hereby certify
    th)at
    the above Order was adopted on
    the
    ______
    day of
    ______________,
    1990,
    by a vote
    of
    ____________________.
    ~
    ~!)
    Dorothy
    M.’~unn,
    Clerk
    Illinois PoJ.lution Control
    Board
    11407

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