ILLINOIS POLLUTION CONTROL BOARD
August 28,
1975
JOSEPH
T.
ENDERS,
Complainanc,
v.
)
PCB 75—283
VILLAGE OF GLENDALE HEIGHTS,
Respondent.
ORDER OF THE BOARD
(by Mr. Dumelle):
The Motion To Strike and Dismiss filed by Respondent
is
granted
in part and dismissed in part.
The request to discuss
that portion of the complaint alleging a violation of a previous
Board Order
is dismissed as moot
in that we have previously
dismissed said portion of the complaint.
The request to strike
the portions of the complaint referring to alleged spilling of
raw sewage and power outage
is denied.
The formal complaint
sufficiently apprises Respondent of the alleged violation of
Section 9(a)
by
“odorous gas”.
The allegations of spilled sewage
and power outages are relevant and material to the alleged
violation of Section 9(a),
and they are not unduly prejudicial
to Respondent.
IT IS SO ORDERED.
I, Christan
L.
Moffett, Clerk of the Illinois Pollution Control
Board, hereby certify
the above Order was adopted on the _________day
of August,
1975 by
a vote of _________________________
Christan
L.
Moffett,
erk
9
Illinois Pollution Contra.
Board
18—
404