ILLINOIS POLLUTION CONTROL BOARD

April

18,

1974

CITIZENS FOR A BETTER ENVIRONMENT,

)

an Illinois Not-for—Profit Corp.,

Complainant,

)

vs.

)

PCB 74—29

ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY,

et al.,

)

Respondents.

ORDER DENYING MOTION FOR SUMMARY JUDGMENT

(by Mr. Henss)

Complainants have filed an enforcement action under the

provisions of Section 31(b)

of the Environmental Protection

Act.

That Statute provides that “any person may file with

the Board

a complaint, meeting the recruirements of Subsection A

of

this Section, against any person allegedly violating this

Act or any rule or regulation thereunder oi any permit or term

or condition thereof”.

Complainants now move for summary

judgment on the ground that Respondents have failed to answer

a “Request for Admission of Fact”.

The Motion for Summary Judgment is denied.

Summary judgment

is not one of the remedies for failure to answer a request for

admission of

fact.

The Statute provides in Section 31(b)

that

such citizen complaints shall be scheduled for hearing.

Upon

hearing the provisions of our Procedural Rule 314 shall be

followed with respect

to the request for admission of fact

and any failure to answer it.

Motion for Summary Judgment is hereby denied.

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

Board, hereby certify the above Order w.~is adopted this

j~y’~

day of

~

,

1974 by a vote of

~

to

0

‘I