ILLINOIS POLLUPTON
    CONTPC)L
    BOARD
    July 7,
    1995
    PEOPLE OF THE STATE OF ILLINOIS,
    )
    Complainant,
    v.
    )
    PCB 95—158
    )
    (Enforcement
    -
    Land)
    CITY OF HERRIN,
    )
    Respondent.
    ORDER OF THE BOARD
    (by R.C. Flemal):
    This matter is before the Board upon the following several
    filings,
    on June 21, 1995 the City of Herrin
    (Herrin) filed a
    Notion for Leave to File Pleadings,
    accompanied by a Notion
    Attacking Jurisdiction and a Motion Attacking the Pleadings.
    The
    Motion Att~ekingJirri.gdic~tionwa~correctly filed and included an
    appropriate certificate of service.
    However the Motion Attacking
    the Pleadings was not signed and did not include a proper
    certificate of service.
    An Amended Certificate of Service was
    filed on June 22,
    1995 which demonstrated appropriate service of
    process for both motions.
    A signed Motion Attacking the
    Pleadings was filed on June 23,
    1995.
    On June 27, 1995 the People of the State of Illinois
    (State)
    filed an Amended Notice of Filing and Complainant’s Response to
    Notion Attacking Jurisdiction, accompanied with a Certificate of
    Service, and a Notice of Filing and Objection to Motion for Leave
    to File Pleadings.
    The instant order deals with a four count complaint filed on
    May 30, 1995 by the State against Herrin.
    The Board hereby
    grants Herrin’s Motion for Leave to File Pleadings.
    In the Motion Attacking the Pleadings, Herrin claims the
    State failed to comply with the requirements of Section 31(a)
    of
    the Environmental Protection Act
    (Act).
    (415 ILCS 5/31(a).)
    Herrin argues that the complaint fails to sufficiently locate the
    site of the alleged refuse, allege facts to support the
    violations were committed “knowingly and repeatedly”, and vaguely
    characterizes the dates of the violations by stating those dates
    are “better known only to the city”.
    Herrin requests that the
    complaint be stricken on grounds that it is indefinite and
    ambiguous.
    The State asserts that Herrin’s motion attacking the
    pleadings
    was
    at
    least
    8
    days late with no sufficient
    explanation.
    In addition, the State claims the complaint
    satisfies the requirements of proper pleading and points to the
    specific paragraphs
    in its complaint which support the alleged
    4
    violations.
    The Board finds the complaint is sufficiently definite to
    put Herrin on notice of the alleged violations and to prepare a
    defense.
    The Board hereby denies Herrin’s Motion Attacking the
    Pleadings.
    Next, Herrin’s Motion Attacking Jurisdiction states that the
    Board lacks jurisdiction to entertain the State’s complaint
    because the complainant fails to comply with the financing
    notification requirement of Section 31(a)
    of the Act.
    (415 ILCS
    5/31(a).)
    Section 31(a)
    states in pertinent part that the
    “complaint shall be accompanied by a notification to the
    defendant that financing may be available, through the Illinois
    Environmental Facilities Financing Act, to correct such
    violation”.
    (415
    ILCS 5/31(a)(1).)
    The State did not include
    such financing notification in the original complaint.
    The State
    asserts that the absence of such notification has resulted in no
    harm to Herrin because Herrin’s motion reflects its knowledge of
    the financing.
    The State’s June 27th Amended Notice of Filing
    includes the financing notification.
    Specific notice as delineated
    in Section 31(d)
    is required
    in conjunction with serving the complaint on Herrin.
    The State
    failed to send notice in compliance with Section 31(d)
    of the Act
    to the City of Herrin in its May 30,
    1995 complaint.
    The Board nonetheless accepts the State’s June 27, 1995
    amended notice of filing and interprets it as an amended
    complaint curing the financing notification deficiency. The Board
    therefore denies Herrin’s Motion Attacking Jurisdiction.’
    IT IS SO ORDERED.
    I, Dorothy N. Gunn,
    Clerk ot the Illinois Pollution Control
    Board
    hereby certif
    at the above order was adopted on the
    _____
    day of
    _________________,
    1995,
    by a vote of
    ~
    Dorothy M.
    Illinois P0
    On July
    6,
    1995
    lerrin
    filed an additional
    Motion
    Attacking Jurisdiction and a Motion Attacking the Pleadings.
    These pleadings are not ripe and are therefore not addressed in
    this order.

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