ILLINOIS POLLUTION CONTROL BOARD

April 24, 1975

PEOPLE OF THE STATE OF ILLINOIS,

)

Complainant,

v.

)

PCB 75—125

MORTON-NORWICH PRODUCTS, INC.,

Respondent.

INTERIM ORDER OF THE BOARD (by Mr. Zeitlin)

Respondent Morton—Norwich Products, Inc., filed a

Notion to Dismiss the Complaint in this matter on April 8,

1975. In its Motion, Morton—Norwich claims that the Complaint

in this matter is insufficient in that it fails to allege

with

sufficient specificity the activities or events complained

of,

and is generally vague and indefinite. Respondent

apparently labors under a mistaken belief that this Board

requires detailed fact pleadings; on the contrary, it is

:~iearfrom a reading of the Complaint in this matter that

Lt

is sufficiently clear and specific to allow Respondent a

reasonable opportunity to prepare its defense.

Further, Respondent~sMotion states that the Complaint

is insufficient in that it does not allege “ultimate facts

of

odor pollution”. That is to say, the Complaint does not

“allege facts from which it could be found that Respondent

has unreasonably interfered with the enjoyment of life or

property”. Insofar as they are necessary, a reading of the

Complaint clearly shows that these facts are adequately

alleged.

Finally, Respondent states that the Complaint is insufficient

insofar as it fails to allege a violation of this Board~s

Rules and RegLiations, so as to enable Respondent an opportunity

to employ the prima facie defense provided by Section 49(e)

of the Environmental Protection Act. Ill. Rev. Stat. Ch.

111½, Section 1049(e). Neither this Board nor the Environmental

Protection Act requires any such allegation. Respondent1s

Notion to Dismiss must be denied.

IT IS SO ORDERED.

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify that the abpve Interim Order

was adopted on the ~~day of ~

by a vote

of4 to~

.

—

~r

,‘—~_

Christan L. Moffett, Clerk

Illinois Pollution Control Board