ILLINOIS POLLUTION CONTROL BOARD

July 26, 1973

ENVIRONMENTAL PROTECTION AGENCY

v.

)

#73—109

ARNOLD N.

MAY, HILLVIEW FARMS

)

FERTILIZER,

INC.,

a domestic

corporation and ARNOLD N.

MAY

BUILDERS,

INC.,

a domestic

corporation

ORDER OF THE BOARD

(BY SAMUEL T. LAWTON, JR.):

Respondent has filed a motion to dismiss the complaint, alleging

that the absence of plant nutrient Regulations in some way precludes

the Agency from prosecuting a complaint under Section 12(a)

of the

Act relating to water pollution.

Since the Agency does not appear to be prosecuting its complaint

on the basis of regulatory violations but rather on the causing or

allowing of water pollution, we

find Respondent’s position lacking

in merit.

This

is particularly true in view of the alleged additional

violations

of 12(b)

relating to permit violations and 12(d)

relating

to water pollution hazards, together with allegations of 9(a)

relating

to air pollution.

Respondent’s motion to dismiss the amended complaint is

denied.

IT IS SO ORDERED.

I, Christan Moffett,

Clerk of the Pollution Control Board, certify

that the above Order was adopted on the

~

day of July,

1973,

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8—609