ILLINOIS POLLUTION CONTROL BOARD

April 12, 1973

ENVIRONMENTAL PROTECTION AGENCY

)

#73—113

v.

UNION ELECTRIC COMPANY

ORDER OF THE BOARD (BY SAMUEL T. LAWTON, JR.):

Motion has been filed by Respondent asking that paragraph 3

of the complaint be dismissed on the grounds that the allegations

are conclusionary without the recital of facts as to times and

manner in which Respondent is alleged to have violated Section 9(a)

of the Act.

The motion is dismissed. Such information that Respondent

would need to properly prepare its defense is available through the

use of pre-trial discovery methods pursuant to the Rules of the

Board.

The motion to dismiss is denied. Respondent’s alternative

motion to make the complaint more definite is denied for the

same reason.

IT IS SO ORDERED.

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

certify

that

the above Order was adopted on the /~_‘~~~_dayof

________

1973, by a vote of ~ to r

.

I;

7

—

559