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