ILLINOIS POLLUTION CONTROL BOARD
    September
    13,
    1990
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    )
    PCB 90-89
    (Enforcement)
    FRED JOHNSON,
    HERMAN
    L.
    LOEB
    JOHNSON
    & BRIGGS TANK TRUCK
    SERVICE A/K/A JOHNSON
    & BRIGGS
    TANK TRUCK
    & HEATER SERVICE,
    an Illinois Corporation,
    Respondents.
    ORDER OF THE BOARD
    (by J.
    C. Marlin):
    This matter
    is before the Board on a Motion to Dismiss filed
    by Respondent Herman
    L.
    Loeb
    (“Loeb”).
    The motion asserts
    that
    Complainant’s
    First
    Amended
    Complaint
    should
    be
    dismissed
    as
    against
    Loeb
    for failure
    to give
    notice
    of
    the
    pre-enforcernent
    conference required by Section 31(d)
    of the Illinois Environmental
    Protection Act.
    On August
    30,
    1990 the Board
    ordered Respondent
    to
    file an
    affidavit which supported the matters
    be asserted
    in his motion.
    On Septmeber
    10,
    1990,
    he did so.
    No
    response has been filed
    to
    the motion.
    The Board’s examination of the motion and supporting affidavit
    reveals that Loeb
    properly raises the failure to give the required
    31(d)
    notice
    a matter requiring dismissal.
    Therefore,
    the motion
    is granted and the complaint,
    as against Respondent Loeb only,
    is
    dismissed.
    IT IS SO ORDERED.
    Board Member
    B.
    Forcade dissented.
    I,
    Dorothy
    M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board1 hereby certify that the above Order was adopted on the
    /1
    ~
    day of
    J~
    ~:,
    t
    ,
    1990,
    by a vote of
    __
    *7
    -
    /
    -
    ~
    ?-~
    ~
    Dorothy r~I.!Gunn, Clerk
    Illinois Pollution Control Board
    115—17

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