ILLINOIS POLLUTION CONTROL BOARD
    November 20,
    1980
    ENVIRONMENTAL PROTECTION AGENCY,
    Complainant,
    v.
    )
    PCB
    80—191
    CITY OF BENTON AND JAMES
    P. ODOM,
    Respondents.
    ORDER OF THE BOARD
    (by J. Anderson):
    On October 23,
    1980,
    Respondent Odom moved
    to strike and
    dismiss portions of the complaint.
    On November
    6,
    1980,
    the
    Agency moved for leave to file Objections to these
    motions
    instanter,
    as
    it did not receive the motions until October
    29.
    Leave
    is hereby granted.
    The motions to strike and dismiss are denied.
    Section 12(a)
    of the Environmental Protection Act provides that no person shall
    “cause or threaten or allow the discharge of contaminants into
    the environment...”.
    Counts
    IV, V and VI state a sufficient cause
    of action against Odom,
    in alleging that he,
    as the owner of the
    land on which the effluent discharge resulting from a break
    in
    the City’s sewer
    line occurred,
    refused to allow the City to make
    necessary repairs and failed to make them himself.
    IT
    IS SO ORDERED.
    I,
    Christan L Moffett,
    Clerk of the Illinois Pollution
    Control Board,
    hereby certify that the above Order was a~opted
    on the
    ,~o’~’
    day of
    ~
    ,
    1980 by a vote of
    sS’—(~
    Christan L.
    Mof~q~~,
    Clerk
    Illinois Pollution Control Board

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