ILLINOIS POLLUTION CONTROL BOARD

October 17,

1980

COUNTY OF PEORIA,

Complainant,

v.

)

PCB 80-38

BACON’S FARM, LTD.,

et

al.

)

Respondents.

ORDER OF THE BOARD

(by

3. Anderson):

Pursuant to leave of the Hearing Officer,

a Supplemental

Complaint was filed in this action on August

4,

1980.

Thereafter,

a Motion to Dismiss was filed with the Hearing Officer, but this

Motion was not received by the Board until October

3,

1980.

Com-

plainant’s Reply was received by the Board on August 27,

1980.

Respondents’ Motion to Dismiss

is denied.

The Supplemental

Complaint alleges the same type of violation of Rule 203 of Chapter

8:

Noise Regulations,

although of later occurrence,

as does the

original Complaint filed February

21,

1980.

The Board finds that

the supplemental filing was properly allowed,

and that there was

no undue surprise to Respondents.

The

second hearing on this

matter,

since cancelled, was to have been held on September

18,

1980.

Respondents would have had adequate time between August

4

and September 18 to prepare a defense against the supplemental

allegation.

Hearing on the original and supplemental Complaints shall be

scheduled and held within 45 days of the date of this Order.

IT IS SO ORDERED.

I,

Christan L.

Moffett, Clerk of the Illinois Pollution

Control Board, hereby ceçt~fythat the above Order was adopted

on the

~

day of LS-4-&~~

,

1980 by a vote of

______

Christan L.

Moffé

“,‘

Clerk

Illinois Pollutio

ontrol Board