ILLINOIS POLLUTION CONTROL BOARD

May 29, 1974

CITIZENS FOR A BETTER ENVIRONMENT,

)

an Illinois Not-for-Profit

Corporation,

Complainant,

vs.

)

PCB 74—171

BULK TERMINALS COMPANY and

GERALD SPAETH,

)

Respondents.

ORDER

OF THE BOARD (byMr. Henss)

This matter comes on to be heard on Respondent’s Motion

to Dismiss and their request to file briefs and argue the

Motion orally. The essence of the Motion is found in

paragraph 9:

“For the foregoing reasons, the complaintis

duplicitous and frivolous and the Illinois

Pollution Control Board has no jurisdiction

over this controversy. Therefore, the Board

is not required to hold a hearing in connection

with this matter.”

We find thaj the Complaint is not duplicitous or frivolous

and that we do have jurisdiction. Therefore, we deny tne

Motion to Dismiss. On such a narrow legal issue we think that

oral argument and written briefs are unnecessary. We note that

some of the contentions which are raised in the Motion may be

appropriate at another stage of the case and our ruling today

is without prejudice to Respondent’s right to raise the same

points at a later date.

Since the Complaint is not duplicitous or frivolous and we

do have jurisdiction we are required to schedule this matter

for hearing and we have done so.

It is Ordered, that the Respondent’s Motion to Dismiss be

denied.

12—461

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—2—

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

Board, hereby certify the above Order was adopted this ~

dayof ~

,l974byavoteof ~ to~

12 —4f2