ILLINOIS POLLUTION CONTROL BOARD
P~pri1 27,
1989
THOMAS
S. FREDETTE,
)
Complainant,
v.
)
PCB 89—61
VILLAGE OF BEECHER,
Respondent.
ORDER OF THE BOARD (by B. Forcade):
On April
5,
1989, Thomas
S.
Fredette filed
a eight—count
complaint against
the Village of Beecher.
On April
27,
1989,
the
Village
of Beecher
filed
a motion to dismiss complaint
as
duplicitous or for alternative relief.
The Board heard oral
argument on the motion
to dismiss
at the April
27
regular Board
meeting.
The motion
to dismiss
is denied and this matter
is
accepted
for hearing.
At argument, counsel
for the Village
of
Beecher admitted that the complaint
is not frivolous and the
Board finds that the complaint
is not duplicitous at
the present
time.
If,
as asserted
in the motion
to dismiss,
the Illinois
Environmental Protection Agency subsequently
files an enforcement
action against the Village
of Beecher, Mr.
Fredette
is free
to
dismiss
all or part of his complaint.
He may also seek
consolidation with any subsequently filed complaint.
IT
IS
SO ORDERED
I, Dorothy M.
Gunn, Clerk
of the Illinois Pollution Control
Board,
hereby certify
t at
the above Order was adopted on
the c7~tZ day of ________________________,
1989,
by
a vote
of
7-°.
Dorothy M. ~
Clerk
Illinois Po~1’lutionControl Board
98—287