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