ILLINOIS POLLUTION CONTROL BOARD
February 14, 1975
ENVIRONMENTAL PROTECTION AGENCY,
Complainant,
vs.
)
PCB 75—6
CITIZEN’S UTILITIES COMPANY OF
ILLINOIS,
Respondent.
ORDER OF THE BOARD
(by Mr. Henss):
On January 24,
1975 the Complainant filed Motion for Leave
to File an Amended Complaint.
The Motion is allowed.
On February 4,
1975 Respondent filed an Amendment
to the
Motion to Dismiss and requested that its Motion to Dismiss
the
original Complaint stand as
its Motion to Dismiss the Amended
Complaint.
That request is allowed.
The Amended Motion to Dismiss
is deemed applicable to the Amended Complaint.
Upon review of the Amended Complaint and the Amended Motion
to Dismiss
it appears to
us
that Count 1 fails
to comply with
our Procedural Rule 304(c) (2).
Count
I of the Amended Complaint
is therefore stricken.
Complainant is given leave to file a
Second Amended Count
1 within 20 days.
The Amended Motion to Dismiss raises other issues which
are factual in nature and are best decided after a hearing on the
merits.
Therefore,
the remaining contentions contained in the
Motion to Dismiss,
as Amended, will be taken with the case.
IT IS SO ORDERED.
I, Christan L. Moffett, Clerk of the Illinois Pollution Control
Board, hereby certify the above Order was adopted this
/q~1”
day ~
—,
1975 by
a vote of ____toO
15
—539