ILLINOIS POLLUTION CONTROL BOARD
    March 17,
    1977
    PLOPLE
    OF ~
    •STATE OF ILLINOIS,
    )
    Complainant,
    PCB 76—235
    JOHN McGUIRE, DIRECTOR OF THE
    ILLINOIS DEPARTMENT OF CONSERVATION;
    LANGHORNE BOND,
    SECRETARY OF THE
    )
    ILLINOIS DEPARTMENT OF TRANSPORTATION;
    )
    SOUTHWEST EXPRESSWAYS CORPORATION;
    )
    and FRANKLIN
    H. WEBER,
    Respondents.
    ORDER OF THE BOARD
    (by Mr. Young):
    This matter is before the Board on various motions.
    On
    October
    8,
    1976,
    Respondents Franklin H.
    Weber and Southwest
    Expressways Corporation filed a Motion
    to Dismiss.
    On
    December 16, 1976,
    the Board asked the affected parties to
    brief the following issues:
    A.
    Does any authority exist for holding
    an officer,
    director, or shareholder
    of a corporation personally resoonsible
    for any violation of the Environmental
    Protection Act that may be committed
    by that corporation.
    B.
    How can any final determination of the
    Board in this matter affect a corporation
    which
    evidently
    ce~ised
    exi~tenr’
    in 1973
    (Amund.
    Comp. Count
    I,
    par.
    3).
    On February 17,
    1977, Respondents submitted their response
    to
    the issues propounded by the Board and filed a Motion
    to
    Dismiss with Prejudice on March
    10, 1977.
    Although the People
    did not file
    a response to the Board’s request, on March
    1,
    1977,
    the People did file
    a Motion to Dismiss these Respondents
    without prejudice.
    In view of these circumstances, and absent
    any showing by the People that authority exists for holding
    an officer, director, or shareholder of a corporation personally
    responsible for any violation of the Act that may be committed
    by the corporation,
    and absent any showinq by the People of how
    a
    final determination of this Board could affect a defunct corpora-
    tion,
    the Board hereby dismisses with prejudice Respondents
    Franklin
    H. Weber and Southwest Expressways Corporation from this
    action.
    25
    —
    101
    —2—
    On October 12, October 14, November
    3,
    and March
    5,
    1976,
    Resoondents Departments of Transportation and Conservation
    filed
    a Motion for Continuance as well
    as Motion
    to Dismiss.
    The
    Board dismisses
    the Motion for Continuance as moot and
    1erehy denies these Motions
    to Dismiss.
    The Motion for Severance filed by the Departments of
    Transoortation and Conservation on November
    5, 1976,
    is hereby
    dismissed
    as
    moot.
    The Motion to Strike Affidavits
    filed on November 12,
    1976,
    is
    hereby
    denied.
    The
    Motion to Strike Complainant’s Response to Memorandum
    in Support of Motion to Dismiss filed by the Departments of
    Transportation and Conservation on November 22,
    1976,
    is hereby
    denied.
    IT IS SO ORDERED.
    I, Christan
    L.
    Moffett, Clerk of the Illinois
    Pollution
    Control ~oard,
    hereby certify the above Order
    was
    adopted on
    the
    fi
    ~
    day
    of
    ffl~44.t&.
    ,
    1977
    by
    a
    vote
    of
    4~.
    Chri~tnn
    T.
    Mc~i1ck,YJ~1crk
    Ii
    ii
    nOT
    S
    Pol
    1
    u
    t
    i on
    on trol
    Bo~ird
    25
    —
    102

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