ILLINOIS POLLUTION CONTROL BOARD

September 20, 1985

MAURINE BACHERT,

Complainant,

v.

)

PCB 85—80

VILLAGE OF TOLEDO, et al.,

Respondents.

ORDER OF THE BOARD (by J. Marlin):

Respondent Village of Toledo (Village) personally served a

motion to dismiss the complaint, or in the alternative, a motion

to make the complaint more definite and certain, upon the

petitioner and hearing officer on August 21, 1985, the day of

hearing (R. 5). The motion was also mailed to those of record on

the same date. The motion mailed to the Clerk did not

arrive

until September 16, 1985. No response by complainant has been

received.

Section 103.140(a) requires that all motions to dismiss

shall be filed within 14 days of the filing o~the complaint.

This Section also requires that all motions, preliminary to a

hearing, i.e., the alternative motion to make the complaint more

definite and certain, shall be filed at least 14 days prior to

the hearing. These motions by the Village, filed on the day of

hearing, are untimely and, therefore, denied. The oral motion

for directed verdict will be taken with the case.

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the above Order was adopted on

the

~

day of

______________,

1985, by a vote of

~7—~

ao~~

~.

Dorothy M. GUnn, Clerk

Illinois Pollution Control Board

65-501