ILLINOIS POLLUTION CONTROL BOARD

November 15, 1979

JUNE CANTRELL and LLOYD CANTRELL,

)

Complainants,

v.

)

PCB 79—225

THOMAS GAINES and WILLIAM GAINES,

Respondents.

ORDER OF THE BOARD

(by Mr. Dumelle):

On October 29, 1979 Complainants initiated this action

alleging that Respondents had violated Rule 104(b)(3) of

Chapter

5:

Livestock Waste Regulations by causing air

pollution.

The Complaint did not cite any specific provision

of the Environmental Protection Act or Chapter

2: Air Pollution

as required by Procedural Rule 304(c)(1).

In their prayer

for relief Complainants requested an award

for damages which

is beyond the Board’s authority as stated in Section 33(c)

of

the Environmental Protection Act.

Consequently the Board finds

that the Complaint

is frivolous and hereby dismisses this matter

without prejudice under authority granted

in Section 31(b)

of

the Environmental Protection Agency Act.

Complainants may file

another action which corrects the above noted deficiencies

if

they

so desire.

IT

IS SO ORDERED.

I, Christan L. Moffett,

Clerk of the Illinois Pollution

Control

Board, hereby certify the above Order was adopted on

the

_______________________

day of

_________________,

1979

byavoteof

~.

—

Christan L. Moffet&

Clerk

Illinois Pollution

ontrol Board

36—145