ILLINOIS POLLUTION CONTROL BOARD
    March
    3,
    1977
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Complainant,
    v.
    WILFORD
    E.
    (“ERNIE”) JOHNSON
    )
    and NORMA
    I. JOHNSON, d/b/a
    BYRON SALVAGE,
    )
    )
    Respondents;
    )
    )
    PCB 74—471
    )
    PCB 76—210
    WILFORD ERNEST JOHNSON,
    )
    (CONSOLIDATED)
    and NORMA
    I.
    JOHNSON,
    )
    Complainants,
    v.
    )
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by Mr.
    Zeitlin):
    On February
    8,
    1977,
    the Environmental Protection Agency
    (Agency),
    as Respondent
    in cause PCB 76—210,
    filed a Motion to Strike with
    regard to that case.
    (PCB 76—210 was consolidated on the Board’s
    motion with PCB 74-471 in an Interim Order entered September
    30,
    1976.)
    The Agency’s motion shows that,
    in Objections to Interrogatories
    filed by Complainants in PCB 76—210,
    “This cause does not charge the
    Respondent with depositing contaminants...”
    (Emphasis in original.)
    The met
    i
    on
    ~~k~
    tihi
    t: on
    Lhc’ basis of Lhd I.
    )
    I (~d(1
    iI~J
    ,
    t
    II(’
    ~‘l
    11
    e(ju
    t
    ion in
    the
    Complaint
    in
    PCB
    76—210
    with regard to violation of Section 12(d)
    of
    the
    Envii~onmenta1 Protection
    Act
    (Act)
    be stricken.
    No
    response
    to
    the
    Agency’s Motion to Strike has been received.
    Based
    on
    Complainant’s pleadings in PCB
    76—210,
    the Board agrees
    that
    no
    allegation
    of
    violation
    of
    Section
    12(d)
    of
    the
    Act
    is
    alleged,
    and that any such allegation in the Complaint must be stricken.
    The
    Board also notes, however,
    that violation of Section 12(d)
    of the
    Act
    is the only alleged violation in the Complaint in PCB 76-210.
    We
    shall,
    therefore, sever PCB 76—210 and dismiss it entirely.
    The Hearing Officer is directed to proceed expeditiously toward
    completion of the record in PCB 74-471.
    IT IS SO ORDERED.
    25
    —
    7
    —2—
    Mr.
    James
    Young
    abstained.
    I,
    Christan
    L.
    Moffett,
    Clerk
    of
    the
    Illinois
    Pollution
    Control Board, hereby ce;tify the
    above Order was adppted on
    the
    _____
    day of
    cr’~,teJ~
    ,
    1977, by a vote of
    4/..~
    Christan L. Moffet
    Illinois Pollution Control Board
    25—8

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