ILLINOIS POLLUTION CONTROL BOARD
    September
    30,
    1971
    FARMERS OPPOSED TO EXTENSION
    OF THE ILLINOIS TOLLWAY et
    al.
    v.
    )
    #71-306
    ILLINOIS STATE TOLL HIGHWAY
    )
    AUTHORITY et al.
    Preliminary Order of the Board:
    In an opinion issued September
    16,
    1971, we dismissed
    a
    complaint
    filed by those complainants seeking to stop the extension
    of
    the Illinois Tollway,west to the Rock River, with
    leave to
    file
    a new and more specific complaint
    (#71—159).
    We have since
    received what is entitled a motion, asking that we direct the
    Tollway Authority to file the environmental
    impact assessment of
    its existing facilities required by section
    47
    (b)
    of the
    Environmental Protection Act,
    on the ground it is necessary
    to
    the preparation of an amended complaint.
    As
    a discovery motion this
    is premature,
    since there is no
    complaint pending before us.
    But section
    47
    (b)
    imposes
    a plain
    and enforceable duty
    on all state agencies
    to file such statements,
    and any citizen
    is authorized
    to file
    a complaint for violation
    of
    any section of
    the Act.
    The allegation that the Authority
    has failed to file such
    a statement is neither duplicitous nor
    frivolous,
    and
    therefore we construe the motion as
    a complaint and
    authorize
    a hearing.
    I, Regina E.
    Ryan,
    Clerk of
    the Pollution Control Board, certify
    that the Board adopted the above Preliminary Order this
    30
    day of
    September
    ,
    1971.
    2— 56~

    Back to top