ILLINOIS POLLUTION CONTROL BOARD

April 16, 1981

ILLINOIS ENVIRON1~4ENT2\L

PROTECTION AGENCY,

)

Complainant,

v.

)

PCB

81—27

CABOT CORPORATION,

)

)

Respondent.

ORDER OF THE BOARD

(by D. Satchell):

On March 6, 1981 Cabot Corporation

(Cabot)

filed a motion to

dismiss the complaint filed February 19 by the Illinois Environ-

mental Protection Agency (Agency).

On March 11 the Agency filed a

response and on March 19 Cabot filed a brief in support of its mo-

tion.

Counts

II through IX of the complaint allege violations of

air and water pollution regulations arising out of the collapse on

December 19, 1979 of a tower containing silicon tetrachloride.

Count

I alleges emission of contaminants arising from silicon tetra-

chloride on several dates

from December 11, 1970 through January 24,

1980.

There is no allegation of any causal relationship between

these emissions and the December 19, 1979 event.

Cabot contends that Count

I is barred in part because of

either the two or the five year statute of limitations

(Ill. Rev.

Stat.

1979,

ch.

83, Sections 15 and 16).

However, these limitations

are applicable only to personal actions to recover damages or a

statutory penalty.

There

is no statute of limitations in the Act.

The parties have also argued laches and estoppel.

However,

the motion is not supported by sufficient facts to support a finding

on these issues.

Cabot may make these claims as an affirmative de-

fense by way of answer

(Procedural Rule 308).

The motion is denied.

IT IS SO ORDERED.

I,

Christan L. Moffett,

Clerk of the Illinos Pollution Control

Board, hereby certify that the abOve Order was adopted on the

_____

day of

______________,

1981 by a vote of

_________

•

/

~n.

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(,v*~

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I

Christan L. Moffett, CIe~’k/

Illinois Pollution Control Board

41—285