ILLINOIS POLLUTION CONTROL

BOARD

May 20,

1976

PEOPLE OF THE STATE OF ILLINOIS,

Complainant,

v.

)

PCB 75—365

JAYAR-HOAG CHEMICAL COMPANY,

INC.,

Respondent.

ORDER OF THE BOARD

(by Mr.

Goodman):

On May 11,

1975, Respondent filed Motions

to Strike and Dismiss

Count II of the Second Amended Complaint in this matter.

Section

9(a)

of the Act specifically prohibits the threat of air pollution.

The Board finds that Count II

is specific enough to reasonably allow

preparation of a defense to the allegation of a violation of Section

9(a).

Therefore,

the Motions

to Strike and Dismiss are denied.

I,

Christan

L. Moffett, Clerk of the Illinois Pollution Control

Board,

hereby certify the above Order w~isadopted on the

~c~1

day

of

,

1976 by

a vote of

£~.

Illinois Pollution

ci Board