ILLINOIS

POLLUTION

CONTROL

BOARD

May

26,

1971

Environmental

Protection

Agency

)

)

v.

)

PCB 70-9

)

city of Springfield and Springfield

)

city Water, Light

&

Power

Company

)

Attorney for the Environmental Protection Agoncty

-

Thomas Scheuneman

Attorney for the City of Springfield

-

Ralph

Simhauser

and I.

3. Feuer

Opinion of the Board

(by Hr. Kissel):

On May 12,

1971, the Environmental Protection Agency filed a

motion with this Board pursuant to Rule 327 of the Board’s Procedural

Rules to grant the Agency leave to file an amended complaint,

conforming the pleadings tc the proof.

The amended complaint alleges

that January 6 and 7,

1971, the City of Springfield was observed to

be emitting smoke from Lakeside and Dallnaz: plants in violation of

Rule 3-3.122 oC the Rulr•z

rtnd Requlati~nsGoverning the Control of

Air Pnfluticin.

r~~d

ctnrnnti~

tnnt

i-hr.

rH-v

~‘n~

been

~nstaflingoil

fired

boilers

and

other

aqtiioter.t capable of causing or contributing

to air pollution and/or designed to provcent air pollution without ob-

taining a permit

fro;a the Environmental Protection Agency in violation

of Section 90 of the Act.

While

the

Board

is

generally

very

liberal

with

regard

to

pleadings,

it

is

indeed

going

too

far

to

allow

pleadings,

even

those

pleadings

which

conform

to

the

proof,

to

be

filed

on

the

date

the

opinion

of

the

Board

is

handed

down.

This

±sexactly

what

happened

in

this

case

and,

therefore,

the

notion

to

file

the

amended

complaint

is

hereby denied.

I, Regina B. Ryan, Clerk of the Illinois Pollution Control Board,

certify

that

the

above

opinion

was

adopted

by

the

Board this 26th day

of

May,

1971.

-.

.—~

(

~—~-

(IL)

~.

.~

~~-‘

4.

Ft

-

/0

1— $13