ILLINOIS

POLLUTION CONTROL BOARD

June

22,

1978

COUNTY OF OGLE,

)

Complainant,

v.

)

PCB 78—149

BROWNING~FERRIS INDUSTRIES OF

ROCKFORD,

INCORPORATED,

Respondent.

ORDER OF THE BOARD

(by Mr. Goodman):

On June

19,

1978,

Respondent filed a

Motion

to Dismiss the

Complaint herein.

Respondent argues that the Complaint

is

frivolous and duplicitous because

it

does

not

allege

~

violations and because the

alleged violations have been corrected.

The Board finds, however, that a

Complaint is certainly not

in-

sufficient merely because

it alleges

past as opposed to continuing

violations and that correction

of violations may be raised at the

hearing as mitigation but

does not render

the

Complaint frivolous

or duplicitous.

The Motion to Dismiss is

hereby denied, and the matter is

set for hearing.

IT IS SO ORDERED.

I,

Christan

L. Moffett, Clerk

of the Illinois Pollution

Control B~ard,hereby~certify

the above Order was adopted on

theday

of

,

Christan L. Moffet?

Illinois Pollution

trol Board

30-567