ILLINOIS POLLUTION CONTROL BOARD

December 11, 1975

PEOPLE OF THE STATE OF ILLINOIS,

)

Complainant,

v.

)

PCB

75—431

)

BRIAN RESTAURANT CORPORATION,

)

an Illinois corporation,

and BATAVIA BANK, as Trustee

)

under Trust No.

274,

)

Respondent.

ORDER OF THE BOARD

(by Mr. Young):

This matter comes before the Pollution Control Board

(Board)

upon the Petition for Reconsideration and Motion for Leave to

File an Amended Complaint filed by Complainant, People of the

State of Illinois, on December

3,

1975.

Complainant also submits

an Amended Complaint.

Due to a finding that the sections of the Environmental

Protection Act and Water Pollution Regulations cited did not

support a finding of the violations alleged,

the Board on

November 26, 1975 dismissed without prejudice the complaint

filed by Complainant on November

6,

1975.

The Amended Complaint

submitted by Complainant

cures

the deficiencies of the original

complaint.

Therefore, the Board grants Complainant’s Petition

for Reconsideration, vacates its Order of November 26, 1975, and

grants the Motion for Leave to File an Amended Complaint.

IT IS SO ORDERED.

I,

Christan

L. Moffett, Clerk of the Illinois Pollution

Control Board,

he

by certify the above Order was adopted on

the //~“ day of

_________

1975 by a vote of

4/..~

G~&4n

~

Christan L. Moffe

t

erk

Illinois Pollution

trol Board