ILLINOIS POLLUTION CONTROL BOARD
    September 3, 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 accepted the Behrmanns first amended
    complaint on April 2, 1998, and their second amended complaint on June 4, 1998. On July
    23, 1998, the Behrmanns filed a motion for leave to file, accompanied by a third amended
    complaint. No response has been filed by Okawville Farmers Elevator - St. Libory (Farmers
    Elevator).
    The motion for leave to file asserts that the third amended complaint seeks to add
    allegations that Farmers Elevator’s industrial grain elevator business produces heavy dust, and
    that the dust emissions are in violation of Section 9(a) of the Illinois Environmental Protection
    Act (Act). 415 ILCS 5/9(a) (1996). The Behrmanns state that no undue surprise will result
    from the third amended complaint as discovery is ongoing and no depositions have yet
    occurred. The Behrmanns note that a hearing date is not currently scheduled, and that no
    discovery deadlines are in effect. The Behrmanns assert that allowing the third amended
    complaint would further the efficient administration of justice by including all complaints
    against Farmers Elevator in the same action.
    As stated, 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 filing 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 third
    amended complaint. Any undue surprise resulting from the third amended complaint can be
    remedied by allowing Farmers Elevator the opportunity to respond. The hearing officer and
    the parties are encouraged to expedite this proceeding in a manner consistent with Board
    practices.
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    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 3rd day of September 1998 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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