ILLINOIS POLLUTION CONTROL BOARD

September

5,

1974

CITIZENS FOR A BETTER ENVIRONMENT,

An Illinois not--for~profitcorporation,

Complainant,

v.

)

PCB 74-~l7l

BULK TERMINALS COMPANY,

and GERALD

SPAETH,

Respondents,

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

PCB 74~l93

BULK TERMINALS COMPANY,

a Delaware

corporation,

and CABOT CORPORATION,

a Delaware corporation,

Respondents

ORDER DENYING MOTION TO STRIKE AND DISMISS

(by Mr.

Flenss):

Respondents Bulk Terminals Company and Gerald

L.

Spaeth

have filed motions and amended motions

to strike and

dismiss

the Complaints

in the consolidated actions~

The Board has

determined that the motions to strike and dismiss are without

merit and they will be denied.

This civil proceeding which has

been brought under the Environmental Protection Act is not barred

by

the fact that a different complainant,

the City of Chicago

has previously obtained a conviction under

a different law,

the Chicago Municipal Code.

Therefore this case will be scheduled

for hearing~

This order

is without prejudice to the rights of

the parties to introduce evidence of complaints or of other legal

13

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511

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actions or the payment of penalties and argue that such evidence

should be considered by the Board in aggravation or mitigation

of penalty~ Such matters may he relevant upon hearing but shall

not constitute

a complete bar to this proceeding.

IT IS ORDERED that the motions and amended motions to strike

and dismiss be denied.

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

Contr

1 Board, do

hereby

certify

that

the

above

Order

was

adopted

this

____

day of

~

1974 by a vote of

~

to ~

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