ILLINOIS
    POLLUTION CONTROL
    BOARD
    July 19,
    1984
    l)~. TIMOTHY EA~ERi~NDCONNIE EAKER,
    )
    complainants,
    )
    V.
    )
    PCB
    84—80
    )
    COUNTY
    OF
    KANKAI(EE
    AND
    )
    BOURBONNAIS TOWNSHIP,
    )
    Respondents.
    ORDER OF THE BOARD
    (by
    J.
    D.
    Durnelle):
    This matter comes before the
    Board upon a complaint filed by
    D.
    Timothy and Connie Baker on
    June
    26,
    1984,
    and
    a
    July
    18,
    1984
    motion to dismiss filed on behalf of
    the
    County
    of
    Kankakee
    alleging that the Board is without
    “authority
    or
    jurisdiction to
    hear~this enforcement action which
    it alleges is in the nature
    of a mandamus action.
    The motion
    also
    requests that costs be
    assessed to the complainants, but
    that request was orally
    withdrawn by the County at today’s
    Board
    meeting, and the Board
    will
    not rule upon it.
    The
    complainants
    allege
    that the County and Bourbonnais
    Township have failed
    to
    enforce the “County Codes” applicable to
    septic tanks,
    thereby
    presumably,
    causing or allowing
    pollution.
    The
    owners of the septic tanks
    have
    not
    been
    named
    as
    parties
    and
    are not even identified in the
    complaint, although they
    are
    :Lndicated to be
    ~homeowners.”
    The Board cannot, on the
    basis of the complaint before
    it~
    c:~terminethat it has
    jurisdiction to decide this matter,
    If the
    ~home&~r~rs~ had
    been
    identified, and if
    the
    complaint had named
    them
    a~,
    respondents
    who
    were causing or allowing pollution under
    specific
    provisions
    of
    the
    Board rules or the Environmental
    ~otection
    Act,
    then
    the
    Board would clearly have jurisdiction.
    finding
    of
    ~.io~ation
    it could order those homeowners
    tr’
    cease and
    desist
    and
    could
    order penalties.
    It is
    the
    respon—
    sihU~Lty
    of
    the Eakers to
    file a complaint which contains
    sufficient
    allegations
    of
    fact and law to give notice to
    the
    respondents
    of
    what
    actions are alleged to have resulted in a
    violation
    of
    specified Board rules or provisions of the Act and
    to
    establish
    the
    Board’s
    jurisdiction.
    However, that has
    not
    been
    done.
    The motion
    to
    dismiss is hereby granted, with leave
    for
    the
    Bakers
    to file a
    complaint
    which
    is
    sufficient
    for
    the
    Board
    to
    determine
    that
    it
    has
    jurisdiction
    to
    decide
    the
    case.
    IT
    IS
    SO
    ORDERED,
    59-73
    2
    Board Member
    .3. Anderson dissented.
    I, Dorothy M.
    Gunn, Clerk of the Illinois Pollution
    Control Board hereby certify that the above Order was adopted on
    the ______________day
    of
    ___________________
    ,
    1984 by a
    vote of
    ,.$ —~.
    —
    Dorothy M. ~3unn,Clerk
    Illinois Pollution Control Board
    59-74

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