ILLINOIS POLLUTION CONTROL
    BOARD
    December 20, 1995
    GORDON KRAUTSACK,
    )
    Complainant,
    v.
    )
    PCB 95—143
    )
    (Enforcement-Land)
    BHOCILAL PATEL, an individual,
    SUBHASH PATEL,
    an individual, and
    ELECTRONIC INTERCONNECT, INC.,
    )
    an Illinois Corporation, and
    )
    ELECTRONIC INTERCONNECT
    )
    CORPORATION, an Illinois
    )
    Corporation,
    Respondents.
    ORDER OF THE BOARD
    (by R.C.
    Flemal):
    This matter is before the Board on a Motion for Leave to
    File Amended Complaint and Amended Complaint filed by
    complainant, Gordon Krautsack, on November 21,
    1995.
    Respondents
    filed no response.
    The original complaint was filed on May 11,
    1995 against
    respondents Bhogilal Patel,
    Subhash Patel, and Electronic
    Interconnect, Inc.
    The amended complaint adds respondent
    Electronic Interconnect Corporation.
    Additionally, the original complaint alleged violations
    of
    Sections 21(a), 21(e), and 21(f)(l)
    of the Environmental
    Protection
    Act
    (Act).
    (415 ILCS 5/21(a),
    21(e),
    21(f) (1) (1994).)
    The amended complaint adds Count IV, an alleged violation of
    Section 21(d)
    of the Act.
    (415 ILCS 5/21(d).)
    As allowed by the Board procedural rules, “(p)roof may
    depart from pleadings and pleadings may be amended to conform to
    proof,
    so long as no undue surprise results that cannot be
    remedied by a continuance.”
    (35 Ill. Adm. Code 103.210(a).)
    As
    of the date of this order the parties are still engaging in the
    early stages of discovery and negotiation.
    No hearing has yet
    been scheduled in this proceeding.
    Therefore, the Board finds no
    undue surprise will result if the additional respondent and count
    are added to the complaint.
    Accordingly the Board grants
    complainant’s motion for leave to file amended complaint.
    Consequently today’s caption reflects this amendment.
    Complainant
    must
    now complete service
    upon
    the new
    respondent, Electronic Interconnect Corporation,
    in accordance
    with 35
    Ill.
    Adm. Code 103.123.
    2
    IT
    IS SO ORDERED.
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the above order was adopted on the
    ~F~Z
    day of
    ~
    ,
    1995, by a vote of
    7~o
    Control Board

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