ILLINOIS POLLUTION CONTROL

BOARD

November 26, 1975

PEOPLE OF THE STATE OF ILLINOIS,

)

Complainant,

v.

)

PCB 75—431

BRIAN RESTAURANT CORPORATION,

)

an Illinois corporation,

and

)

BATAVIA BANK,

as Trustee under

Trust No.

274,

Respondents.

ORDER OF THE BOARD

(by Mr. Goodman):

This matter comes before the Pollution Control Board

(Board)

upon the November

6,

1975, complaint of the People

of the State of Illinois alleging that Respondents have

violated Rule 903(c)

of the Water Regulations and Section

12 (a)

of the Environmental Protection Act

(Act).

However,

there

is no Rule 903(c)

in the Water Regulations and the

facts alleged do not constitute a violation of Section 12(a)

of the Act.

Therefore the Complaint,

herein,

is dismissed without

prejudice.

IT IS SO ORDERED.

I, Christan

L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify the

bove Order was adopted on

the

_____________

day of

,

1975 by a vote of

Illinois Pollution

ntrol Board