ILLINOIS POLLUTION CONTROL BOARD

April 18, 1974

THE RUTLAND ENVIRONMENTAL PROTECTION

)

ASSOCIATION,

an unincorporated assoc-

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iation, and Everett G. McLean,

its

)

president and Everett

G. McLean, in-

)

dividually,

CONPLAINANTS

V.

)

PCB 74—83

THE

BOARD OF SUPERVISORS OF KANE

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COUNTY, ILLINOIS: FAMILY LEISURE

)

CENTERS,

INC.,

a corporation

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and KANE COUNTY,

ILLINOIS, a municipal

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corporation,

RESPONDENTS

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OPINION OF THE BOARD

(by Mr. Marder)

Motion of Respondent, Family Leisure Centers, Inc., to Strike

and Dismiss Amended Complaint

is hereby granted.

The Board finds that this cause of actio~nis not yet ripe for

adjudication by the Board as an enforcement matter.

In order for Respondents to construct their proposed development,

either the IllinoIs Environmental Protection Agency or the United

States Environmental Protection Agency will have to issue permits.

For NPDES permits issued by the United States Environmental Protect-

ion Agency there will be a public comment period, during which Com-

plainant may object to a permit being granted.

For State of Illin-

ois permits, Complainant has the right to appeal any permit issued

by the Agency to the Board.

At that time the Board would have issues

before it that would be within its jurisdiction to decide.

IT IS THE ORDER of the Pollution Control Board that this action

is hereby dismissed without prejudice.

IT IS SO ORDERED.

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

Board, certify that the above Order was adopted by the Board on the

18th day of April, 1974, by a vote of

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