ILLINOIS POLLUTION CONTROL BOARD
September
29, 1975
MONSANTO COMPANY,
)
Patitioner,
vs.
)
PCB 75—330
ENVIRONMENTAL PROTECTION AGENCY,
)
Respondent.
ORDER OF THE BOARD (by Mr. Henss):
Respondent on September 12, 1975 filed a Motion to Dismiss
the variance petition, alleging that the variance petition
does not contain the information required by Rule 401(a) of the
Pollution Control Board’s Procedural Rules. We believe that
the petition is adequate as a pleading and will therefore deny
the Motion to Dismiss. Respondent’s Motion amounts to a request
that the Petitioner plead its evidence and we do not wish to
require the Petitioners to put such detail into its pleadings
especially where another method is available for providing the
detailed evidence. This particular matter will be assigned for
hearing and the parties will be entitled to appropriate
discovery pursuant to the Board’s Procedural Rules.
It is Ordere& that the Motion to Dismiss be denied.
I, Christan L. Moffetb, Clerk of the Illinois Pollution Control
Board, hereby certify the above Order was adop~edthe
___________
day of
___________,
l975byavoteof 4/—p
Christan L. Mof p~clerk
Illinois Pollution~tontrolBoard
18
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641