ILLINOIS POLLUTION CONTROL BOARD
    January 11,
    1995
    PEOPLE
    OF
    THE
    STATE
    OF
    ILLINOIS,
    Complainant,
    v.
    )
    PCB
    94—288
    )
    (Enforcement)
    GRAYSLAKE
    GELATIN
    COMPANY,
    an
    )
    Illinois
    corporation;
    BLIDCO,
    INC.,)
    an Illinois corporation; ACME
    )
    CONSTRUCTION CO.,
    INC.,
    an Illinois)
    corporation; and DIVERSIFIED
    )
    ABATEMENT CONTRACTORS INC.,
    an
    )
    Illinois corporation,
    )
    Respondents.
    ORDER OF THE BOARD
    (by E. Dunham);
    On December 9,
    1994, Grayslake Gelatin Company (Grayslake)
    filed a “Motion to Strike Certain Counts of the Complaint for
    More Definite Statement” and a “Motion to Dismiss Certain Counts
    of the Complaint for Failure to State a Cause of Action”.
    Complainant filed responses to the motions on December 19,
    1994.
    The complaint in this matter was filed on October 11,
    1994.
    The six count complaint alleges violations of the Illinois
    Environmental Protection Act
    (Act)
    (415 ILCS 5/1 ~
    sea.
    (1992))
    and the national emission standards for hazardous air pollutants
    (NESHAP) as incorporated by Section 9.1 of the Act (415 ILCS
    5/9.1
    (1992)).
    Grayslake contends that counts
    I through III of the
    complaint are vague, confusing and internally inconsistent and
    should therefore be stricken.
    Grayslake seeks the dismissal of
    counts IV,
    V, an VI of the complaint for failure to state a claim
    against Grayslake.
    Complainant contends that the complaint is clear and legally
    sufficient.
    Complainant recognizes that there is a discrepancy
    in the amount of friable asbestos on the tank, but contends that
    this is not a legally significant error,
    as both amounts in the
    complaint are above the threshold level of a 160 square feet
    provided in 40 CFR 61.145(a) (4) (1) (July 1,
    1991) and that this
    defect could be corrected by the filing of an amended complaint.
    Complainant alleges that the complaint is sufficient to state a
    cause of action against Grayslake.
    The Board denies the motion to strike and the motion to
    dismiss.
    The Board finds the complaint sufficiently clear to
    provided notice to the respondent of the allegations alleged in
    2
    the complaint.
    The Board also finds that the complaint states a
    cause of action against Grayslake.
    IT IS SO ORDERED.
    I, Dorothy N.
    Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify tha
    he above order was adopted on the
    //~
    day of
    ,
    1995, by a vote of
    Dorothy M7)~unn, Clerk
    Illinois PT~ollutionControl Board

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