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