ILLINOIS POLLUTION CONTROL
BOARD
December 20, 1995
GORDON KRAUTSACK,
)
Complainant,
v.
)
PCB 95—143
)
(Enforcement-Land)
BHOCILAL PATEL, an individual,
SUBHASH PATEL,
an individual, and
ELECTRONIC INTERCONNECT, INC.,
)
an Illinois Corporation, and
)
ELECTRONIC INTERCONNECT
)
CORPORATION, an Illinois
)
Corporation,
Respondents.
ORDER OF THE BOARD
(by R.C.
Flemal):
This matter is before the Board on a Motion for Leave to
File Amended Complaint and Amended Complaint filed by
complainant, Gordon Krautsack, on November 21,
1995.
Respondents
filed no response.
The original complaint was filed on May 11,
1995 against
respondents Bhogilal Patel,
Subhash Patel, and Electronic
Interconnect, Inc.
The amended complaint adds respondent
Electronic Interconnect Corporation.
Additionally, the original complaint alleged violations
of
Sections 21(a), 21(e), and 21(f)(l)
of the Environmental
Protection
Act
(Act).
(415 ILCS 5/21(a),
21(e),
21(f) (1) (1994).)
The amended complaint adds Count IV, an alleged violation of
Section 21(d)
of the Act.
(415 ILCS 5/21(d).)
As allowed by the Board procedural rules, “(p)roof may
depart from pleadings and pleadings may be amended to conform to
proof,
so long as no undue surprise results that cannot be
remedied by a continuance.”
(35 Ill. Adm. Code 103.210(a).)
As
of the date of this order the parties are still engaging in the
early stages of discovery and negotiation.
No hearing has yet
been scheduled in this proceeding.
Therefore, the Board finds no
undue surprise will result if the additional respondent and count
are added to the complaint.
Accordingly the Board grants
complainant’s motion for leave to file amended complaint.
Consequently today’s caption reflects this amendment.
Complainant
must
now complete service
upon
the new
respondent, Electronic Interconnect Corporation,
in accordance
with 35
Ill.
Adm. Code 103.123.
2
IT
IS SO ORDERED.
I, Dorothy M. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify that the above order was adopted on the
~F~Z
day of
~
,
1995, by a vote of
7~o
Control Board