ILLINOIS POLLUTION CONTROL
    BOARD
    November 6,
    1975
    PEOPLE OF THE STATE OF ILLINOIS,
    V.
    Complainant,
    WHEATON SANITARY DISTRICT,
    a municipal corporation,
    Respondent.
    DISSENTING OPINION
    (by Mr. Dumelle):
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    PCB 75—362
    On November
    6,
    1975 the Board dismissed the above-captioned
    complaint for procedural inadequacy because Complainant brought
    an action before the Board rather than an Order
    in Circuit Court
    seeking to enforce a prior Order of the Board
    (See EPA v. Wheaton
    Sanitary District, PCB 74-351
    (June
    6,
    1975)).
    I dissented on
    the grounds that the enforcement case should have proceeded to
    Hearing.
    The above complaint alleges that the Respondent has caused
    a violation of Section 9(a)
    of the Illinois Environmental Protection
    Act by causing excessive odors on dates not covered by the prior
    Board Opinion.
    In addition the Complaint as amended refers to
    equipment other than the digester in paragraph
    4 and 5.
    My reading
    of the prior Board Order leads me to believe that there is
    a significant question concerning the enforceability of that
    Order and its scope beyond a finding that the odor problem
    was
    caused by something other than a digester upset.
    For these reasons
    I would have denied the Motion to
    Dismiss filed by Respondent and ordered the case set for
    hearing.
    Submitted by
    I,
    Christan L.
    Moffett, Clerk of the Illinois Pollution Control
    Board, hereby certify the above Dissenting Opinion was submitted on the
    /9”~
    day of November,
    1975.
    19— 260

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