ILLINOIS POLLUTION CONTROL BOARD

November 26,

1975

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

PCB 74—471

WILFORD E.

(“Ernie”) JOHNSON and

NORMA

I.

JOHNSON, d/b/a

BYRON SALVAGE,

JULIAN KULLBERG,

d/b/a ROTO-ROOTER,)

INTERSTATE POLLUTION CONTROL,

INC.,

and

KULLBERG ENTERPRISES,

INC.,

Respondents.

ORDER OF THE BOARD

(by Mr. Goodman):

This matter comes before the Pollution Control Board

(Board)

upon Respondent Kullberg Enterprises,

Inc.’s

(Enter-

prises) Motion to Dismiss.

As the allegations of the com-

plaint specify that the violations involved are of

a con-

tinuing nature which include the time period within which

Enterprises admits it existed, the motion will be denied.

For the same reason,

the Statute of Limitations does not bar

prosecution.

It is the Order of the Board that Respondent Enter-

prises’

Motion to Dismiss be and is, hereby,

denied.

I,

Christan

L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify the above Order was adopted on

th~

day of

_____________,

1975 by a vote of

‘1-0

QJv~,~m

oi~

Christari

L. Moffettl

rk

Illinois Pollution C

rol Board

19—311