ILLINOIS POLLUTION CONTROL BOARD
October 6, 1994
SOLVENT SYSTEMS INTERNATIONAL,
)
Petitioner,
)
V.
)
PCB 94—179
)
(Land Siting Review)
VILlAGE OF HANPSHIRE,
)
Respondent.
ORDER OF THE BOARD (by J. Theodore Meyer):
This matter is before the Board on respondent the Village of
Hampshire’s August 31, 1994 motion to dismiss. The Village seeks
to dismiss this proceeding, arguing that the Board has no
authority to review the findings and decision of the local
decisionmaker. In essence, the Village contends that the Board
cannot review the conditions imposed upon the grant of siting
approval. Petitioner Solvent Systems International, Inc.
(Solvent Systems) has not responded to the motion.
The motion to dismiss is denied as untimely. Section
101.243(a) of the Board’s procedural rules provides that all
motions to dismiss must be filed within 21 days after service of
the challenged document. Section 101.243(b) requires that all
motions challenging the jurisdiction of the Board must be filed
prior to the filing of any other document by the moving party.
The Village previously filed motions on July 19, 1994 and July
22, 1994. Under either of these rules, the Village’s motion to
dismiss is untimely.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certity
tjiat
the above order was adopted on the
______
day of
~
,
1994, by a vote of
-C
/A_~~~
~~
~
Dorothy M. Gj~n, Clerk
Illinois P9i4ution Control Board