ILLINOIS POLLUTION CONTROL BOARD
    July 8,
    1976
    ENVIRONMENTAL PROTECTION AGENCY
    )
    Complainant,
    V.
    )
    PCB 75—447
    EUGENE BERNARDI,
    JR., EMIL
    )
    BERNARDI, KENNETH BERNARDI, and
    )
    KENNETH TRUMP, doing business
    as
    )
    Oglesby Construction Company,
    Respondents.
    INTERIM ORDER OF THE BOARD
    (by Mr. Dumelle):
    On November 14,
    1975 the Environmental Protection Agency
    (Agency)
    filed a Complaint against Mr. Eugene Bernardi,
    Sr.
    By
    leave of the Board, the Agency, on January
    9, 1975, filed an
    Amended Complaint substituting the presently named Respondents.
    On February 19,
    1976 a hearing was held in this matter at
    which Respondent Trump did not appear.
    The Second Amended
    Complaint was filed on April 29, 1976 and contains five counts.
    The second Amended Complaint was filed pursuant to a ruling
    of the Hearing Officer at this hearing in this matter
    (R.
    57-58),
    and drops all allegations of violations made in the Amended
    Complaint as against Emil Bernardi.
    The second Amended Complaint
    also eliminated Count VI of the Amended Complaint.
    The Board
    finds that the Hearing Officer was without authority to grant
    leave to file a second Amended Complaint.
    The result of the
    granting of that motion was the dismissal of one party and one
    entire Count, which is in violation of Rule 308(f)
    of the
    Board’s Procedural Rules.
    Any such motion must be brought
    before the Board.
    On its own motion the Board will, nevertheless, grant
    leave to file the second Amended Complaint.
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    This matter concerns the dumping of solid waste on a
    three—acre site located near Piety Hill, LaSalle County, Illinois.
    After
    a careful review of the record in this case the Board finds
    that it would be helpful
    to have additional evidence on the
    cost of bringing this site into compliance.
    The Board therefore
    remands this cause to the parties for the submission of affidavits
    giving the best estimate of each party of the cost of
    (1)
    converting the site into
    a sanitary landfill and
    (2)
    removing
    the refuse to the nearest sanitary landfill or otherwise dis-
    posing of the refuse in a legal manner.
    These affidavits shall
    be submitted to the Board and served upon each party within
    30 days of the date of this Order.
    The parties will then have
    15 days within which to comment, by affidavit, on the estimates
    of the other parties.
    IT IS SO ORDERED.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify the above Interim Order was adopted
    on the
    ~
    day of July, 1976 by a vote of
    —
    Illinois Pollution
    Board
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