ILLINOIS POLLUTION CONTROL BOARD

May 17, 197.3

CITIZENS FOR A BETTER ENVIRONMENT,

An Illinois Not-for-Profit Corp.

#73—173

V.

REYNOLDS METALS COMPANY,

McCook Sheet and Plate Works

OPINION

AND

ORDER OF THE BOARD (BY MR. DUMELLE):

Complaint was filed on April 27, 1973, alleging Reynolds Metal

Company (“Reynolds”) with violating the applicable fluoride effluent

standard in Section 408(a); the applicable pH standard of Section

408(a); and failing to file a Project Completion Schedule as required

by Sec. 1002 (b) (1), all of the Water Pollution Regulations of the

Board.

Reynolds filed a Motion to Dismiss on May 8, 1973, which we

here allow. Reynolds points out that the fluoride and pH effluent stan-

dards do not become operative until December 31, 1973, as specified

in Section 408(c) (iii) (B).. They also point out that this Board, in

an order in Reynolds Metal Company v. Environmental Protection Agency,

#72-518, (April 12, l973~ granted a variance from Section 1002 until

June 1, 1973. The Board opinion in #72-518 was issued May 3, 1973.

We agree with Reynolds. The complaint fails to state a cause

of action upon which relief can be granted and pursuant to Section 31(b)

of the Environmental Protection Act is deemed frivolous.

The complaint is dismissed.

IT IS SO ORDERED.

I, Christan Moffett, Clerk of the Pollution Control Board, certify

that the above Opinion and Order was adopted on the _____day of May,

1973, by a vote of

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to

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