ILLINOIS POLLUTION CONTROL BOARD
    November 21, 1996
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    AMSTED INDUSTRIES, INC., a Delaware
    corporation d/b/a GRIFFIN WHEEL
    COMPANY; L.E. SWIDERSKI d/b/a
    GRIFFIN WHEEL COMPANY; HELLMAN
    TRUCKING COMPANY, INC., an Iowa
    corporation; and HORSEHEAD RESOURCE
    DEVELOPMENT COMPANY, INC., a
    Delaware corporation,
    Respondents.
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    PCB 97-38
    (Enforcement - Land)
    ORDER OF THE BOARD (by J. Yi):
    On August 22, 1996, the Illinois Attorney General, on behalf of the People of the State
    of Illinois and the Illinois Environmental Protection Agency (Agency), filed a formal complaint
    naming as respondents Amsted Industries, Inc.(Amsted), a Delaware corporation d/b/a Griffin
    Wheel Company; L.E. Swiderski d/b/a Griffin Wheel Company; Hellman Trucking Company,
    Inc.(Hellman), an Iowa corporation; and Horsehead Resource Development Company,
    Inc.(Horsehead), a Delaware corporation pursuant to Section 31 of the Environmental
    Protection Act (Act). (415 ILCS 5/31.) The complaint alleges that the respondents; Amsted
    and L.E. Swiderski d/b/a Griffin Wheel Company violated 35 Ill. Adm. Code 809.301 by
    failing to complete and deliver a completed manifest to a hauler who held a valid special waste
    hauling permit; that Hellman violated 35 Ill. Adm. Code 809.201 and Section 21(g)(1) and (2)
    of the Act by shipping special waste without a current and valid permit; and that Horsehead
    violated 35 Ill. Adm. Code 809.302(a) and Section 21(d)(2) of the Act by accepting special
    waste without a signed manifest. (415 ILCS 5/21(g) (1) and (2) and 21(d)(2).)
    On September 9, 1996 respondents Horsehead, Amsted, Hellman and Griffin Wheel
    Company filed motions to dismiss.
    1
    In the motions to dismiss, the respondents claim that
    complainant failed to meet the notice requirements of Section 31(d) of the Act prior to filing
    the complaint. (415 ILCS 5/31(d).) Therefore the respondents argue that the Board lacks
    jurisdiction.
    1
    Horsehead filed a separate motion to dismiss and the remaining respondents joined in one
    motion.
    2
    On September 16, 1996, the complainant filed a motion to defer ruling on respondents’
    motions to dismiss. The complainant stated that the parties are engaged in discussions
    concerning a possible settlement of this matter. Complainant proposed to file a joint status
    report in 30 to 45 days describing the progress. Complainant also maintained that respondents’
    counsels have stated that they have no objection in granting this motion. The Board granted
    the motion to defer ruling until November 21, 1996 and directed the parties to file a joint status
    report on or before November 8, 1996.
    On November 8, 1996, the parties filed a joint status report. The joint status report
    indicates the parties are negotiating a settlement in this matter. The parties request to file
    another status report 30 to 60 days and the complainant requests the Board to continue to defer
    ruling on respondents’ motion to dismiss.
    The Board grants the motions. The parties are to file another joint status report on or
    before January 24, 1997 or any other appropriate motion. The joint status report shall be
    directed to the assigned hearing officer for consideration.
    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 ___________, 1996, by a vote of
    ______________.
    ___________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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