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