TLINOJS

POLLUPTON

~0NTR0L

130

RD

tugost

8

I°74

ENVIRONMENIAL PROTECTI N AGENCY

OMPLAINANT

celaware

Coroorataon

and

OONTINEi TA

OIL CO~PL~NY a

Delaware Corooration

RCSPONDENTS

ORDER

OF

~ftE

BOARD

(toy

Ih~

Larder

This matter coming to be neard on the Motion to Dismiss

Complaint,

filed July 25,

1974

on behalf of Consolidated Coa~

CoO,

the Board

neing tully apprised ~n J~cpremises b~rein, finds

as

follows:

I)

Consolidated alleges that there

is

a failure t~state a

~‘aseof action because Part 2 of the Board s Noise Regula~

tions

does not go into effect until August 9,

l97fi

2)

That the Agency s Complaint charges violation of Rule 102,

which

is not included in Part 2 of the Regulations~

3)

That Rule 102 became effective on August

3, l973~

Motion to Dismiss Complaint filed

ny

Consolidated

Coal Co~ is

hereby denied~.

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

8th

day

of August,

1974, by

a vote of

4

to

0.

13