ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    March
    20,
    1980
    VILLAGE
    OF
    MONTGOMERY,
    a Municipal Corporation,
    Complainant,
    v.
    )
    PCB 79—269
    AURORA SANITARY
    DISTRICT,
    a Municipal Corporation,
    Respondent
    ORDER OF TUE BOARD
    (by Dr.
    Satchell):
    On December 18, 1979
    the Village of Montgomery
    (Village)
    filed a complaint naming as Respondent the Aurora Sanitary
    District.
    The complaint alLeges violations of Section
    12 of
    the Environmental Protection Act and Rules 601 and 602 of
    Chapter
    3:
    Water Pollution.
    On February
    7,
    1980 the Hearing
    Officer allowed three persons
    to intervene
    as Respondents:
    Aurora Venture,
    a joint venture
    of Metropolitan Structures,
    Inc.,
    and New York Project, Inc.,
    a New York corporation; Urban In-
    vestment
    & Development Co.,
    a Delaware corporation; Frederick H,
    Prince and William Norman Wood Prince,
    as Trustees under Trust
    Indenture No,
    5814222.
    On February 21,
    1980 the intervenors
    filed
    a Motion
    to Strike Portions of the Complaint
    arid a Motion
    to Make More Definite and Certain.
    On February 29,
    1980 the
    Village filed a response.
    In paragraphs B and I of its prayer for relief the Village
    has requested that the Board
    do things which under Section 4(e)
    of the Act are beyond its statutory authority.
    Paragraph K
    requests relief directed against a private non—party.
    Paragraohs
    B,
    F, G and H request relief directed against the Environmental
    Protection Agency which
    is not a party.
    Paragraphs
    F, G and H
    in
    addition request modification of NPDBS Dermits aithouqh there
    are
    no allegations relating to these permits in the complaint.
    Para-
    graphs
    3
    and L request relief in proceedings to which the Com-
    plainant is not a party.
    All of the prayer for relief will be
    stricken except paragraphs A and C.
    The Village attached to the complaint as Exhibit A a twenty—
    nine page document entitled,
    “Report to the Village Board of
    Montgomery on Sanitary Sewer Backups and Associated Problems
    along Sherman Avenue
    and Other Areas
    in the Spring of 1979.~
    To the extent
    the
    complaint relies on
    Exhibit
    A to define
    —2—
    the “southeast interceptor”
    sewer and to specify dates of
    violations,
    etc.,
    it should be made more definite.
    Paragraphs
    6,
    7
    8 and 9 contain allegations involving
    instances of sewer backuDs,
    There are obvious contradictions
    involving
    names and addresses which
    should be clarified.
    Fur-
    thermore, ‘the complaint contains no allegation that Respondents
    violated the Act or Rules by causing these backups.
    Therefore
    paragraphs
    6,
    7, 8 and 9 are stricken.
    Paragraph 11 contains a general
    allegation of violation of
    the Act and Rules with no dates or other details specified as
    required by Procedural Rule 304 (a) (2).
    Paragraph 11 will there-
    fore be stricken,
    With the above stricken from it the complaint does not
    state facts upon which the Board could enter an Order.
    The com-
    plaint is stricken.
    This case will be subject to dismissal
    unless an amended complaint is
    filed within thirty-five days of
    the date of this Order.
    IT IS
    SO ORDERED,
    I,
    Christan
    L. Moffett,
    Clerk of the Illinois Pollution
    Control Board, hereby certify
    the
    above Order was
    adopted on
    the
    ~
    day of
    ~
    1980 by a vote of
    9-~
    ~stL.~Ioffett,ck~
    Illinois Pollution Control Board

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