ILLINOIS POLLUTION CONTROL BOARD
    December 1,
    1994
    RODNEY B. NELSON, M.D.,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 94—247
    )
    (Permit Appeal)
    KANE
    COUNTY FOREST PRESERVE,
    )
    BRADLEY SAUER,
    CHAIRMAN;
    )
    WILLIAM LARSEN, GENERAL MANAGER and)
    KANE
    COUNTY
    BOARD,
    )
    WARREN
    KAMNERER,
    CHAIRMAN,
    )
    )
    Respondents.
    ORDER OF THE BOARD
    (by R.C. Flemal):
    This matter comes before the Board on a November 10,
    1994
    filing by Respondent Kane County Forest Preserve.
    Respondent
    filed Affirmative Defenses which requested that the Board
    “dismiss this complaint”.
    On November 21,
    1994 petitioner filed
    a motion requesting that the Board deny respondent’s request for
    dismissal.
    To the extent that respondent may be requesting that the
    Board construe this filing as
    a motion to dismiss, the Board
    notes that, pursuant to 35
    Ill. Adm. Code 103.140(a),
    all motions
    by respondent to dismiss the complaint must be filed with the
    Board within 14 days after receipt of complaint.
    The instant
    complaint was filed on September
    9,
    1994.
    The request for
    dismissal is thereby untimely filed.
    However the Board notes
    that all arguments on the merits of this case may still be raised
    and argued at hearing.
    IT IS SO ORDERED.
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Bo~d, hereby certify that the above order was adopted on the
    k
    day of
    _____________________,
    1994,
    by a vote of
    7 ~
    ,~//
    ~
    /2
    L
    /
    ~
    Dorothy M. ~4unn, Clerk
    Illinois Pdllution Control Board

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