ILLINOIS POLLUTION CONTROL BOARD

March 17, 1994

JAY AGUILAR,

)

Complainant,

PCB 94—75

V.

)

(Enforcement)

THE CITY OF WOOD DALE,

)

)

Respondent.

ORDER

OF THE BOARD (by E. Dunham):

This matter comes before the Board on a motion to dismiss

filed by the City of Wood Dale on March 4, 1994. On March 15,

1994, Mr. Aguilar filed a response to the motion to dismiss. The

complaint in this matter was filed on February 25, 1994. The

complaintalleges violation of Sections 12(a), 12(d), 21(a),

21(e) and 21(p) (4) of the Environmental Protection Act (415 ILCS

5/12(a), 12(d), 21(a), 21(e) and 21(p)(4) (1992)).

The City of Wood Dale seeks dismissal on the basis that the

complaint fails to allege specific facts so as to allow the

respondent to properly respond. Mr. Aguilar contends that

information contained in the complaint shows a) what activity is

causing the pollution, b) what violations are alleged to have

occurred, c) the type of alleged pollution and d) where the

materials are being discharged.

The Board finds that the complaint is insufficient in that

it does not provide adequate information concerning the alleged

violations. The complaint does not provide sufficient

information to determine the nature of the complaint such as

dates or locations of the alleged violations. However, the Board

declines to dismiss the complaint at this time and will allow Mr.

Aguilar to amend the complaint with the specifics of the

allegations as required by 35 Iii. Adm. Code 103.122(c)

.

The

complaint as amended shall be filed with the Board by April 18,

1994. Failure to file an amended complaint may subject this

matter to dismissal.

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the above order was adopted on the

/‘7~

day of

77-2

~-?~-2...’

,

1994, by a vote of

i,

Clerk

ution Control Board