ILLINOIS POLLUTION CONTROL BOARD
    March 26,
    1975
    PEOPLE OF THE STATE OF ILLINOIS
    Complainant,
    v.
    )
    PCB 75-95
    STAR UTILITY COMPANY,
    an Illinois
    corporation; and MIDWEST UTILITY
    COMPANY,
    an Illinois corporation,
    Respondents.
    ORDER OF THE BOARD
    (by Mr.
    Zeitlin)
    The Complaint in this matter was filed by the Attorney
    General on February 26,
    1975.
    On March
    11, 1975 Respondents
    filed
    a Motion to Dismiss alleging various defects in the
    Complaint.
    The Attorney General filed
    a Response in Opposition
    to Respondents’
    Motion to Dismiss on March
    12,
    1975.
    Respondent’s ~otion to Dts~i~salleged t~eiollowing
    points:
    I.
    The Attorney General has no legal authority to
    bring an enforcement action before the Pollution Control
    Board.
    II.
    The Attorney General’s representation of the
    Illinois Commerce Commission, which regulates Respondent
    as a public utility, may present a conflict of interest
    in the Attorney General’sProSeCUtionof
    this matter before
    the Board.
    III.
    The Complaint in the matter violates Board Pro-
    cedural Rule 304(c) (2)
    in that it insufficiently specifies
    the dates, location,
    events, nature,
    extent, duration and
    strength of the discharges complained of;
    Respondents
    have
    not been adequately advised of the full extent and nature
    of the matters complained of, and is not therefore given
    an adequate opportunity to prepare
    a defense.
    16
    —
    243
    —2—
    IV.
    Rule 305 of Chapter
    6:
    Public Water Supplies
    of the Board’s Rules and Regulations does not become ef-
    fective as regards existing public water supplies for a
    period of one year after the effective date of that chap-
    ter. Respondents were and are an existing public water
    supply, and therefore should not be subject to prosecution
    under Rule
    305 for a period of one year after December
    21,
    1974.
    V.
    The complained of offensive odor and taste
    are merely sensory perceptions; such sensory perceptions
    do not fall within the ambit of Section
    18 of the Environmental
    Protection Act and cannot constitute
    a violation thereof.
    VI.
    The various Sections of the Environmental Pro-
    tection Act,
    the Board’s Rules and Regulations,
    and the
    Department of Public Health Public Water Supply Rules and
    Regulations are all
    so vague, indefinite, ambiguous,
    and
    overly broad as to be unconstitutional.
    VII.
    The Board does not have the power to grant as
    relief a cease and desist order, or the imposition of a
    penalty.
    The Board has in p~viouscases considered most of the alle-
    gations in this motion,
    The majority of Respondents’ motion,
    (paragraphs I,
    II, VI and VII, above),
    can be denied without
    citation or discussion. Paragraph III
    is unfounded insofar
    as Respondent
    is in fact given adequate notice of the matters
    with which it is charged, and is given sufficient opportunity
    to prepare its defense;
    this portion of the motion must also
    be denied.
    Paragraph V,
    (regarding offensive odor and taste
    as violation),
    the Board will consider when reaching its
    decision on the merits of this matter.
    Paragraph IV of Respondents’
    Motion, however, will be
    granted. The complaint herein alleges on its fact that
    Respondents have operated a public water supply since at
    least July
    1,
    1970,
    and has continued to do so until the
    present.
    The Board’s Public Water Supply Regulations were
    adopted on December 21,
    1974.
    Rule
    305 of the Public Water
    Supply Regulations states that Rule shall not apply to
    existing public water supplies for a period of one year
    after its effective date.
    For this reason, paragraph
    7 of
    the Attorney General’s complaint,
    alleging a violation of
    Rule 305, must be dismissed.
    IT
    IS SO ORDERED.
    I, Christan L.~Moffett, Clerk of the Illinois Pollution
    Control Board hereby certif
    the above Order was adopted on
    the
    ~
    day of
    W
    ,
    1975 by
    a
    vote of
    ___
    to
    ()
    ,
    ~
    )
    Christan L. Mo
    ett, ~lerk
    Illinois Pollution Control Board
    16—244

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