ILLINOIS POLLUTION CONTROL BOARD

April

18,

1974

CITIZENS FOR A BETTER ENVIRONMENT,

Complainant,

v

)

PCB 74-20

CIRCUIT ETCHING TECHNICS,

INC.,

etal,

Respondents.

ORDER OF THE BOARD

(by Mr.

Henss)

Complainant Citizens for a Better Environment has

filed Motion for Special Finding requesting that this

Board make

a determination that there is no just reason

for delaying appeal as to the Board~sdismissal of

Counts II and III.

We believe that the motion is pre~

mature at this time and will deny it.

Count 11 is

essentially a demand that the Environmental Protection

~\gencycommence action similar in nature to the action

which is now pending

in Count

I.

Count 111 is a request

for attorney fees for the proving of

a violation in

Count

I.

It seems to us that Counts

II and III

to a

certain extent rest upon the validity of Count

I.

If

Complainant fails

to make a case on Count

I then, even

under Piantiff’s

theory, Counts II and III would be in—

apprcpri~te. ~7ewould expect the Appellate Court to

reject any oartial appeal of this case under such

circumstances

The Motion for Special Finding is hereby denied.

Mr. Marder dissents.

I, Christan L.

Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify the above Order was adopted

this

~

day of ~

,

1974 by a vote of

~Ito~,

~

~rv~

~‘~-