ILLINOIS POLLUTION CONTROL BOARD
July 20, 1995
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
v.
)
PCB 95—1~8
(Enforcement
-
Land)
CITY OF HERRIN,
)
Respondent.
ORDER OF THE BOARD (by R.C. Flemal):
This matter is before the Board on a Motion for Leave to
File Pleadings filed by the City of Herrin (Herrin) on July 6,
1995. Said pleadings are a Motion Attacking the Pleadings and a
Motion Attacking Jurisdiction.’ The People of the State of
Illinois (State) filed an Objection to Motion for Leave to File
Motion Attacking Jurisdiction and Motion Attacking Pleadings on
July 13, 1995. Herrin filed a Reply to Complainant’s Objection
to Respondent’s Motion Attacking Jurisdiction on July 13, 1995.
The State filed a Motion to Strike Respondent’s Reply to
Complainant’s Response to the Second Motion Attacking
Jurisdiction on July 20, 1995.
The Board denies Herrin’s Motion for Leave to File
Pleadings. Pursuant to Section 103.140(a) of the Board’s
procedural rules “(a)ll motions by respondent to dismiss or
strike the complaint or challenging the jurisdiction of the Board
shall be filed within 14 days after receipt of complaint.
. .“
The
State’s original complaint was filed on May 30, 1995; therefore
any motion attacking the pleadings or challenging the Board’s
jurisdiction was due to be filed on June 13, 1995. Herrin’s
motions were filed on July 6, 1995 and are consequently untimely
tiled. The Board hereby denies Herrin’s Notion tor Leave to File
the Motion Attacking the Pleadings and Motion Attacking
Jurisdiction. Given the Board’s actions today, all outstanding
motions are now moot.
IT IS SO ORDERED.
‘The Board observes this is Herrin’s second set of Motions
Attacking the Pleadings and Jurisdiction filed with the Board.
Those filings were dismissed by Board order of July 7, 1995.
4
I, Dorothy H. Gunn, Clerk of the Illinois Pollution Control
Board hereby certify at the above order was adopted on jthe
_____
day of
_________________,
1995, by a vote of
~
orothy M. c~n, Clerk’
Illinois Po9?ution Control Board
