ILLINOIS POLLUTION CONTROL BOARD

December

4,

1980

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

PCJ3 78—50

NORTH SHORE SANITARY DISTRICT,

Respondent.

INTERIM ORDER OF THE BOARD

(by J.D, Dumelle)~

On November 12,

1980,

the Agency moved to dismiss Count V of

the Second Amended Complaint which alleges that Respondent has

and continues to emit odors.

In support of its motion, the

Agency states that it “does not believe

it can sustain a prima

facie case.”

The Board has received no objection to this motion,

although,

when this motion was orally made at hearing on October 29,

1980,

the Village of Gurnee indicated that it might formally ob-~ect (P..

815—817).

As this motion was

made

after the

hearing

commenced:

and

the

exhibits

supporting

the

motion

indicate

that

Respondent

is

not

the

source

of

the

odor

problem

previously

testified

to

at

hearing,

Count

V

of the Second Amended Complaint

is

hereby

dismissed

without

prejudice.

IT IS SO ORDERED

J.

Anderson dissents.

I,

Christan L.

Moffett,

Clerk of the Illinois Pollution Control

Board, hereby certify ~hat the above Interim Order was adopted on

the ~

day of

~

1980 by a vote of

41/.

Christan L. Mof~~J Clerk

Illinois Pollution Control Board

40

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