August 5, 1976ENVIRONMENTAL PROTECTION AGENCY, ) Complainant,v ) PCB 75—507COUNTY OF LAKE, DEPARTMENT OFPUBLIC WORKS, ) Respondent.
The Agency argues that the grab sample results entered as
evidence in this case support a finding of violation of Rule 404when that Rule is construed with Rule 401(c) which calls for a violation should any contaminant at any time exceed five times thenumerical standards prescribed in Rule 404.
In this case Rule 401(c) was not mentioned in either the Complaint
nor the Stipulation of Fact and Settlement Proposal filedMay 17, 1976.
The
Board, therefore, affirms its opinion ...
Allowed
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