ILLINOIS POLLUTION CONTROL BOARD
August 30, 1990
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
Complainant,
)
v.
)
PCB 90-89
(Enforcement)
FRED JOHNSON, HERMAN L. LOEB
)
JOHNSON & BRIGGS TANK
)
TRUCK SERVICE a/k/a JOHNSON
)
& BRIGGS TANK TRUCK & HEATER
)
SERVICE, an Illinois Corporation,
)
)
Respondent.
ORDER OF THE BOARD (by J.C. Marlin):
This matter comes before the Board on a Motion to Dismiss
filed August 1, 1990 by Herman L. Loeb (“Loeb”). The motion
asserts that the First Amended Complaint should be dismissed as
against Loeb for failure to give notice of any pre-enforcement
conference as required pursuant to Section 31(d) of the Illinois
Environmental Protection Act. No response to this motion has been
filed.
The motion to dismiss raises matters for disposition which are
outside the record. To prevail upon such a motion, Loeb must
attach competent proof of the matters asserted. 35 Ill. Adm. Code
101.242(a). Therefore the Board orders Respondent Loeb to file
such affidavit with the Board to be received by the Clerk no later
than 4:30 p.m., September 9, 1990.
IT IS SO ORDERED.
Board Members J. Dumelle, B. Forcade and J. Theodore Meyer
dissented
*
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the bove Order was adopted on the
day of
______________________,
1990 by a vote
of
/~/1~/(~/2~. /~Z~
~Y
Dorothy M. .G4r~1n, Clerk
Illinois Pollution Control Board
114--8’ll