ILLINOIS POLLUTION CONTROL BOARD

April

24,

1975

ENVIRONMENTAL PROTECTION AGENCY,

)

)

Complainant,

)

)

v.

)

PCB 74—473

)

E

&

E HAULING,

INC.,

)

an Illinois corporation,

)

)

Respondent,

)

Richard

W.

Cosby, Assistant Attorney General, appeared for the Complainant;

Henry M.

Schaffer, Attorney,

appeared for the Respondent.

ORDER OF THE BOARD

(by Mr. Zeitlin)

On March

31,

1975, the Attorney General filed for the Environmental Pro-

tection Agency

a Motion for Leave

to File an Amended Complaint.

This Motion

was

filed shortly after this Board,

on March

26,

1975, had entered a final

Opinion and Order

in this

case.

When

the Board has previously reached a final decision,

a Motion for Leave

to file an Amended Complaint

is moot when filed, and cannot properly be granted

by this Board,

This

is true even in this matter, where Respondent

E

&

E,

in

a

pleading filed before the Board on April

4, l975,~hasstated that

it would have

no objection to such an amendment.

Rather,

the proper avenue by which the Attorney

General might obtain the relief which

it seeks would be

the filing of a Motion under

Board Procedural Rule

334.

That rule governs Motions filed subsequent to the entry

of a final order

by the Board,

While this Board does not favor the disposition or

final determination of any matter solely on the grounds of defective pleadings, we

could not grant this Motion without undertaking considerable and tenuous interpret-

ation of the Motion

to determine that the Attorney General indeed intended it to

be one under Rule 334.

The Motion must therefore be denied.

IT

IS SO ORDERED.

I,

Christan

L. Moffett,

Clerk of the Illinois Pollution Control Board, hereby

certify that the above Order was adopted on the~~1’I’~__day

of

_______________

1975 by a vote of ~to~

r

Christan L. Moffett,

Illinois Pollution Control Board

16