ILLINOIS POLLUTION CONTROL

BOARD

December

4,

1980

ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY,

Complainant,

PCB

80—191

CITY OF BENTON AND JAMES

P.

ODOM,

Respondent,

INTERIM ORDER OF THE BOARD

(by

J.

Anderson):

The City of Benton~s

November

24,

1980 motion to

dismiss

the Complaint

is denied,

As the Agency noted

in its December

3

response,

the allegation

that Benton owns the

sewer

line dis-

charging the

contaminant complained of

is sufficient

to state

a cause of action for

causing or allowing water

IT IS SO ORDERED,

I, Christan

L. Moffett, Clerk of the Illinois

Pollution Control

Board, hereby certify

tI~atthe above Interim Order

was adopted on

the

_______

day of

~

,

1980 by

a vote of

~/~‘

~Er istan L.

Moff~cI~k~

Illinois Pollution Control Board

40—79