ILLINOIS POLLUTION CONTROL BOARD

September

4,

1980

VILLAGE OF MONTGOMERY,

Complainant,

v.

)

PCB 79—269

AURORA SANITARY DISTRICT, et al.,

)

Respondents.

ORDER OF THE BOARD

(by J. Anderson):

On August 15,

1980, the parties filed a Joint Motion to

Dismiss Proceeding.

Review of the history of this action leads

the Board to conclude that there is currently no proceeding

before it to be dismissed.

The Village of Montgomery filed its complaint in this action

on December 18,

1979.

By its Order of March

20,

1980, the Board

granted the intervenors’ motion to strike portions of the complaint.

In

so doing,

the Board concluded that:

“With the above stricken from it the complaint

does not state facts upon which the Board could enter

an Order.

The complaint is stricken.

This case will

be subject to dismissal unless an amended complaint is

filed within thirty—five days of the date of this Order.”

The last sentence, which refers to the Board’s custom of

retaining the same case or docket number when further action is

anticipated,

cannot be construed to imply that the Board was doing

anything more than granting leave to file another complaint.

At no time has an amended complaint been filed.

As the

Village’s complaint was stricken in its entirety, there is no

controversy over which the Board has jurisdiction. Consequently,

the Board has no authority to consider either the Joint Motion or

the Settlement Agreement executed by the parties, since there still

are no stated facts upon which the Board can enter an Order.

The docket on PCB 79—269 is hereby closed.

IT

IS SO ORDERED.

I, Christan L. Moffett,

Clerk of the Illinois Pollution

Control Board hereby cert~fythat the above Order was

dopted

on the

~

day of

____________,

1980 by a vote of

Jc~

Christan L. Moff~

,

Cerk

Illinois Pollutio

ontrol Board