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