ILLINOIS POLLUTION CONTROL BOARD

February

11, 1976

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

PCB 75—285

SAMUEL BINGHAM COMPANY,

a

Delaware corporation,

)

Respondent.

INTERIM ORDER OF THE BOARD

(by Mr. Young):

On January 16,

1976,

Respondent Samuel Bingham Company

filed its Motion to Dismiss in the instant cause.

On January

21,

1976,

the Environmental Protection Agency filed its

Response to this Motion.

It

is the opinion of the Board that the Respondent’s

Motion

to Dismiss, along with the Agency’s Response in opposi-

tion,

raised substantial questions which may more properly be

addressed when taken with the case.

The issues raised here

will be considered

as a part of the final action to be taken

by the Board.

IT

IS SO ORDERED.

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board,

here4y certify th

a ove Interim Order was

adopted on the

JI

~

day of ________________________,

1976

by a vote of,2..-.

Christan L. Moffet

lerk

Illinois Pollution

ntrol Board