ILLINOIS POLLUTION CONTROL BOARD

June

9,

1977

VILLAGE OF SOUTH ELGIN, an

Illinois municipal corporation,

ARTHUR ROSS,

BARBARA ROSS,

et al.,

Village citizens

in their

individual right,

Complainants,

)

PCB 76—294

v.

)

WASTE MANAGEMENT OF ILLINOIS,

INC.,

a corporation,

and

ENVIRONMENTAL PROTECTION AGENCY,

Respondents.

ORDER OF THE BOARD

(by Mr.

Zeitlin):

This matter is before the Board on Complainants’ Motion to

Withdraw Complaint,

filed May 16,

1977.

In that Motion Complainants

requested that the case be dismissed without prejudice,

on a finding

that no hearing had been held.

Respondents opposed that Motion,

to

the extent that they argued that dismissal should be with prejudice.

On May 26,

1977, we entered an Interim Order directing Complainants

to file a memorandum on the issues.

The Board has previously held that it does not favor forum shop-

ping of the type being engaged in here by Complainants.

Committee

to Save Our Environment, et al.,

V.

Carison, PCB 75-443

(Dec.

2,

1976).

We have

also

held that the “hearing process,”

for dismissal purposes,

does not require an actual adjudicatory hearing.

People

v.

NcGuire,

PCJ3 76—235

(April 28, 1977).

Respondents

are,

at this late stage,

entitled to dismissal with prejudice.

This cause is dismissed

with

prejudice.

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

~

1977,

by a vote of

~

Christan

L. Moffe~i~Clerk

Illinois Pollutioi~”~ontrolBoard

25