ILLINOIS POLLUTION CONTROL BOARD

March

8,

1973

ENVIRONMENTAL PROTECTION AGENCY

#72—94

v.

DART INDUSTRIES,

INC.,

a Delaware

corporation, d/b/a REXENE POLYMERS CO.

ORDER OF THE BOARD

(BY SAMUEL T.

LAWTON,

JR.):

Complaint was filed by the Environmental Protection Agency

against Dart Industries,

Inc.,

a Delaware Corporation,

d/b/a Rexene

Polymers Co. alleging various violations

of

the Environmental Protec-

tion Act and SWB-8 as

a result of alleged pollutional discharges

into

a ditch tributary to the Des Plaines River.

An answer was filed by Respondent which included “Affirmative

Defense and Request for other Relief”in which Respondent asks for

dismissal of

the proceeding on various constitutional and statutory

grounds which we find lacking in merit.

To

the extent such pleading

is construed,

in part, as

a Motion to Dismiss,

the motion is hereby

denied.

See C.

M. Ford v. Environmental Protection Agency,

App. Court

of Illinois,

Third District,

#72-60

(February

4,

1973;

Environmental

Protection Agency v. Granite City Steel Company,

#70-34

(March 17,

f971); Environmental Protection Agency v. Modern Plating, Modern

Plating Corporation v. Environmental Protection Agency,

##70-38,

71—6

(March 3,

1971).

IT IS SO ORDERED.

I, Christan Moffett, Clerk of the Illinois Pollutiop Control Board,

certify that the above Order was adopted on the

~

day of March,

1973,

by a vote of

3

to

p

7

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