ILLINOIS POLLUTION CONTROL BOARD

December 14,

1994

PEOPLE OF THE STATE OF ILLINOIS,)

)

Complainant,

)

v.

)

PCB 94—271

(Enforcement)

NATIONAL INTERCHEM CORPORATION,

)

)

Respondent.

ORDER OF THE BOARD

(by G.

P. Girard):

On November 10,

1994, the Board received a motion to dismiss

filed by respondent, National Interchem Corporation.

On November

21,

1994, the Board received a response which requested that the

Board strike or deny the motion to dismiss or in the alternative

to grant complainant an additional 21 days to respond to the

motion to dismiss.

On November 30,

1994, the Board received a

motion for leave to file a reply.

The Board does not find that

undue prejudice will result if the reply is denied, therefore the

motion for leave to file a reply is denied.

(See 35 Ill. Adm.

Code 101.241.)

The complainant argues that the motion to dismiss is

untimely based on the Board’s procedural rules at 35 Ill.

Adm.

Code 103.140 and therefore, the motion should be denied or

stricken.

The Board agrees that the motion was not filed within

the fourteen days set forth in the Board’s rules.

However, the

motion to dismiss does raise issues which could resolve the case.

Therefore,

in the interest of judicial economy, the Board will

not strike or deny the motion based on timeliness.

The Board will grant complainant the additional time to

respond to the motion to dismiss and reserve ruling on the

substance of the motion at this time.

The Board directs

complainant to file a response to be received by the Board no

later than December 22,

1994.

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

~

,

1994, by a vote of

~

~

A.

Dorothy M./punn, Clerk

Illinois ~ollution Control Board