ILLINOIS POLLUTION CONTROL BOARD
    June 4, 1998
    SCOTT and SHELLY BEHRMANN,
    Complainants,
    v.
    OKAWVILLE FARMERS ELEVATOR -
    ST. LIBORY,
    Respondent.
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    PCB 98-84
    (Enforcement - Noise - Citizens)
    ORDER OF THE BOARD (by J. Yi):
    On December 11, 1997, the Board received a citizen’s enforcement complaint filed by
    Scott and Shelly Behrmann (Behrmanns). The Board denied Okawville Farmers Elevator - St.
    Libory’s (Farmers Elevator) first motion to dismiss on March 19, 1998, and ordered this
    matter to proceed to hearing. On April 2, 1998, the Board accepted the Behrmanns’ first
    amended complaint. Farmers Elevator filed a motion to dismiss the amended complaint on
    April 22, 1998. Complainants filed their response on April 23, 1998. On May 6, 1998, the
    Behrmanns filed a brief in support of their response to the motion to dismiss, as well as a
    second amended complaint accompanied by a motion for leave to file.
    The Board grants the Behrmanns’ motion for leave to file, and accepts the second
    amended complaint. Farmers Elevator’s motion to dismiss the first amended complaint is,
    therefore, moot, and will not be addressed by the Board.
    The motion for leave to file asserts that the second amended complaint seeks only to
    add allegations that the noise emissions previously complained of constitute violations of 35
    Ill. Adm. Code 901.104 and 901.106. The Behrmanns state that no undue surprise will result
    from the second amended complaint as no further discovery will be required as a result of the
    additional allegations. Farmers Elevator has not filed a response to the motion for leave to
    file.
    Although the Board rules do not directly address the requirements for the filing of an
    amended complaint, Section 103.210(a) of the Board’s rules provides that pleadings may be
    amended to conform with the proof so long as no undue surprise results that cannot be
    remedied by a continuance. 35 Ill. Adm. Code 103.210(a). The Board has allowed
    complaints to be amended pursuant this section. See People v. Chemetco Inc. (May 7, 1998),
    PCB 96-76.
    The Board grants the Behrmanns’ motion for leave to file, and accepts the second
    amended complaint. Any undue surprise resulting from the amended complaint can be
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    remedied by allowing Farmers Elevator the opportunity to respond. The remaining pleadings
    are rendered moot by the acceptance of the second amended complaint.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 4th day of June 1998 by a vote of7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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