ILLINOIS
POLLUTION CONTROL BOARD
September
1.,
1977
CITIZENS
FOR
A
BETThR
ENVIRONNE~T,
)
Comp1ainant~
v.
)
PCB
4—171
BULK TERMINALS COMPANY and
GERALD SPAETH,
kespondents
—
~nd
ENVIRONMENTAL
PROTECTION
AGENCY,
Complainant,
v.
PCB 74—193
BULK
TERMINALS
CCMPANY
and CABCT
CORPORATION,
Resoondents.
ORDER
OF THE BOARD
¶hy Mr
Goodman~:
On August
25~
9;7,
Respondents Bulk
Termina1~
Company
and
Gerald Spaeth filed
a
Second
Amended
Motion
to
Dismiss
the
above-
captioned
~TLact:
s
~
~cond
Amended i’~oti.on to C~srniss
raises
issues
substantially identical
to
those
raised
in
a
prior
Amended
Motion
to Strike
and !)ismiss
filed by Respondents
on August
16,
1974.
The prior
Amended ~4otion was
denied
by
the
Board.
The
Board
finds
that this Second
Amended
Noticn
to
Dismiss
is
in
fact
a Motion for
rehearing
of the prior Amended ~otion,
denied three
years ago, and
as such is untimely.
The Second
Amended Motion
to Dismiss
is, there-
fore,
denied.
In addition, on
Augu3t
25,
1977, Respondents filed a Motion
for
Oral Argument~
Liat
motion
is
denied.
—2—
I, Christan L. Moffett,
Clerk of the Illinois Pollution Control
Board, hereby certify the above Order wa~adopted on the
day
~
1977 by
a vote of
~
__
fraL~6L
Christan
L. Moffè
Clerk
Illinois Pollutio
ntrol Board