ILLINOIS

POLLUTION CONTROL

~3OARD

October 10, 19~5

tLLINO.LS ENVIRONMENTAL

PROTECTiON AGENCY,

Complainant,

v.

PCB 85~J.0l

PITAL

ENGINEERING & MFG,

CO.,

Respondent.

Gi(D~ROF THt BOARD (by J. Anderson):

On September 13, 1.985, the Agency moved the Board

to stri~c~

Capital’s third, fourth and fifth affirmative

defcnses——ostappe~,

laches, and the running of the statute of limitations——on the

grounds of legal insufficiency

of the pleadings.

C.~pitaI ‘s

September 25 response

in

opposition asserts that Lh~~r1r.~Ler)~~s

ar

well

pleaded, but alternatively

suggests that leave should he

granted

to

amend the answer..

The Agency~s motion

is

granted in part:

the filth

affirmative defense, the statute of limitations, is stricken.

The Board has consistently

held that

the statute of limitations

does not bar enforcement actions under

the

Act. See, e.~,

E,andf

iLL

Emer9en~Act~on Commit tee~enrSanita~Landfi~

And

Rec

±n Center, Inc.., PCB 85~9, Order of March 22, 1985,

citing Pielet Bros~ Trad

Inc. v. IEPA

and

(PCB),

110

tI I.

App. 3d 752, 442 N.E. 2d 1374 (1982).

As to laches ana est~opj~.eI,

the Board

agrees with Capital that determinations

on these

~SU;.’

involve mixed questions of law and fact,

The Board

rioLes

that

hearing in

this matter is set for November 21,

1985.

1.o iusur.~

an efficient hearing and to minimize surprise, Capital is ~jrant:~d

leave through October 28, 1985 to $iie an amended answer setting

forth the factual bases for these defenses, which shall be

addressed at hearing.. In the event that any necessary discovery

cannot be completed prior to that date, the Hearing Officer shall

grant the shortest possible continuance,

IT IS SO ORDERED.

.3. D. Durnelie dissented.

66~~4i

---

—2—

1. Dorothy H1 Gurui1 Clerk of

the

Illinois Pol1~ttonControl

Board1 hereby certify that the above Order was adopted on

the ~

day of

—

OcZ~i,c,

,

1985k by

a

vote

of

.

Dorothy

M.