ILLINOIS POLLUTION CONTROL BOARD

April 7, 1988

ILLINOIS ENVIRONMENTAL

:PROTECTION AGENCY,

Complainant,

v

) PCB 88—36

MERVIS INDUSTRIES, INC.,

Respondent.

ORDER OF THE BOARD (by J. Anderson):

On

March 9, 1987, Mervis filed a motion to dismiss the

complaint or in the alternative to dismiss or stay proceedings

concerning Count I of the Complaint. The Agency filed a response

in opposition on March 22, 1987.

One basis for dismissal argued by Mervis relates to the

requirement of Section 31(d) of the Act that the Agency provide a

potential respondent with written notice of intent toenforce and

opportunity for a pre—enforcement conference. Each party argues

alleged facts concerning an alleged Section 31(d) conference held

in September, 1986. There are no facts contained in this record

concerning the content of the notice, the nature of the

conference, or any subsequent actions of the parties; the

allegations of the respective pleadings are unsupported by

documents or affidavits.

The Board will grant leave to the parties to make any

appropriate filings curing this deficiency on or before April 26,

1988.

IT IS SO ORDERED.

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

Board, hereby certi th~tthe above Order was adopted on

the 7~ day of

______________,

1988, by a vote of

‘~‘.

Ill

S

P01

Control Board

88—59