ILLINOIS POLLUTION CONTROL BOARD
April
4,
1975
ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
vs.
)
PCB 75-6
CITIZENS UTILITIES COMPANY OF
ILLINOIS,
an Illinois corporation,
Respondent.
ORDER OF THE BOARD
(by
Mr.
Henss):
On March
5,
1975 Complainant filed Second
2\mendecl Complaint.
On March
12,
1975 Respondent filed Amendments
to
its Motion to
Dismiss along with
a Motion to Strike Count
I
of
the Second
Amended Complaint.
The Motion to Dismiss
as
amended
is deemed
applicable
to the Second Amended Complaint.
Paragraph
8(a)
of
the Motion alleges
that Count
I of
the
Second Amended Complaint failed
to give sufficient
information
to advise Respondent
of the
full extent and nature of the matter
complained of adequate
to reasonably
allow preparation
of
a
defense.
Paragraph
8(a)
of the Motion
is denied.
The Motion
raises other issues which are factual
in nature and
are best
decided after hearing on
the merits.
Therefore,
the remaining
contentions contained
in
the Respondent’s Motion of March
12,
1975 will be
taken with the case.
IT
IS
SO ORDERED.
I,
Christan
L.
Moffett,
Clerk of
the Illinois Pollution Control
Board,
hereb
certify the above Order was adopted this
__________
day
of
_________,
1975
by
a vote
of
3
to ~
16— 313