ILLINOIS POLLUTION CONTROL BOARD
    November 8, 1984
    ILLINOIS ENVIRONMENTAL
    )
    pROTECTION
    AGENCY,
    )
    )
    Complainant,
    )
    v.
    )
    PCB
    83-~l63
    LARRY BITTLE,
    d/b/a/
    Southern
    )
    Recycling, a dissolved Illinois
    )
    corporation,
    WILLIAM
    GAMBER,
    )
    LEONARD C.
    BITTLE,
    and
    )
    J. MAX
    MITCHELL,
    )
    Respondents.
    ORDER OF THE BOARD
    (by B. Forcade):
    On October 18, 1984, Respondents Larry Bittle, William
    Gamber, and Leonard C, Bittle filed a motion to dismiss this
    enforcement action on the basis that the Board lacks jurisdiction
    because suit was filed more than two years after the
    dissolution
    of Southern Recycling. The Attorney General responded,
    on
    October 23, 1984, that the respondents were being sued
    personally
    and not as officers and shareholders of the dissolved
    corporation
    and suit was therefore
    not
    barred by Ch. 32, Par, 157.94,
    Ill.
    Rev.
    Stat. (1983). The respondents filed a response
    in
    support
    of their
    motion to dismiss, on October 29, 1984,
    asserting
    that
    the claims against the respondents arose out of their con-
    nection with Southern Recycling and not as individuals. Due
    to
    delays in the mails,
    both
    the motion and the response in support
    of the motion reached the Board on October 29, 1984.
    This is the third motion to dismiss presented to
    Board by
    the respondents. The basis for the present motion is
    lack of
    subject matter jurisdiction. The issue of jurisdiction
    can be
    raised at any time under Illinois law. However, there are
    not
    sufficient undisputed facts at this point for the Board
    to determine
    whether there is proper jurisdiction or not. The best course
    to
    follow is to proceed to hearing where the various factual
    allegations
    in the complaint can be developed as well as the factual
    basis
    for the arguments for and against jurisdiction. The
    respondents
    may then raise the jurisdictional issue after the record~is
    complete. The motion to dismiss is denied.
    IT IS SO ORDERED,
    Board Member J. Theodore Meyer dissented.
    61~35
    2
    I,
    Dorothy M. Gunn, Clerk of the Illinois Pollution
    Control
    Board, hereby certif~that the above Order was adopted on
    the
    ____
    day of
    ~
    1984 by a vote of
    Illinois Pollution
    Control Board
    61~36

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