ILLINOIS POLLUTION CONTROL BOARD
    April 21, 1988
    LEFTON IRON AND ~~1ETALCOMPANY
    and LEFTON LAND AND DEVELOPMENT
    )
    COMPANY, INC.,
    Complainants,
    v.
    )
    PCB 87—191
    MOSS-AMERICAN CORPORATION and
    KERR—MCGEE CHEMICAL CORPORATION,
    Respondents.
    ORDER OF THE BOARD (by B. Forcade):
    On March 30, 1988, the Respondents, Moss—American
    Corporation and Kerr—McGee Chemical Corporation (“Moss—American”)
    filed a Motion to Dismiss this matter. The Board denies the
    motion.
    The Complainants, Lefton Iron and Metal Company and Lefton
    Land and Development Company, Inc. (“Lefton”) filed its complaint
    against Moss—American on November 30, 1987, alleging various
    violations of the Illinois Environmental Protection Act (“Act”)
    and seeking various forms of relief. The Illinois Attorney
    General filed a complaint against both Lefton and Moss—American
    in the St. Clair County Circuit Court on 3arxuary 7, 1988
    apparently alleging, inter alia, the same violations involved in
    the present matter and seeking the same relief. Moss—American
    and the Attorney General entered into a consent order filed with
    the St. Clair County court on February 29, 1988. Moss—American
    filed the instant Motion to Dismiss on March 30, 1988. Lefton
    responded to this motion on April 15, 1988. Moss—Ptrnerican
    supplemented its motion by an April 18, 1988 filing with the
    Board.
    The Board will not reiterate the parties’ arguments. Moss—
    American has failed to demonstrate any legal basis for dismissal
    of this matter. The Board and the circuit courts of this state
    have concurrent jurisdiction over cases involving violations of
    the Act, but the Board lacks the broader powers of the courts.
    See Ill. Rev. Stat. ch. 111—1/2, Sections 1033 and 1042 (1988).
    The Circuit Court of St. Clair County is in a better position to
    judge the effect of the Board’s proceeding with this matter on
    its jurisdiction and the effects of its orders in the parallel
    proceedings before it. In the absence of legal justification for
    dismissal or an order of the court, this matter before the Board
    will proceed.
    88—3fl7
    —2—
    IT IS SO ORDERED
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the ajove Order was adopted on
    the ~/~24-’day of
    ~
    ,
    1988, by a vote
    of 7—o
    .
    ,2~.
    Dorothy M. Gimnn, Clerk
    Illinois Pollution Control Board
    88—308

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