ILLINOIS POLLUTION CONTROL BOARD
October 20,
1994
DOALL COMPANY,
DOALL CREDIT
CORPORATION,
and THE
)
RAMS-HEAD
COMPANY,
)
Complainants,
)
V.,
)
PCB 94—256
(Enforcement)
MOBIL OIL COMPANY, INC.,
)
SKOKIE VALLEY ASPHALT
)
COMPANY,
INC.,
and
SEPTRAN,
INC.,
Respondents.
ORDER OF THE BOARD
(H. McFawn):
On September 16,
1994 complainants DoAll Company, DoA11
Credit Corporation and the Rams—Head Company filed an enforcement
action against respondents Mobil Oil Company, Skokie Valley
Asphalt Company, Inc.
and Septran,
Inc.
seeking to recover
cleanup costs incurred in cleaning up contamination at a site
located at 1228 Harding Avenue, Des Plaines,
Illinois, and the
imposition of penalties.
On October 11,
1994 respondent Mobil
Oil Company filed a motion to dismiss the complaint,
which was
accompanied by a motion for leave to file the motion to dismiss
instanter.
On October 19,
1994,
complainants filed proof of
service of the notice and complaint upon Skokie Valley Asphalt.
In its motion for leave to file instanter, Mobil alleges
that it did not receive proper service of the complaint.
Complainants’ filing of
proof of service on Skokie Valley Asphalt
is not responsive to the issues raised by Mobil; complainants
have not filed a proof of service as to Mobil.
We find that it is reasonable to grant respondent Mobil a
one—week extension to file its motion to dismiss where respondent
did not receive proper service of the complaint.
The motion to
file instanter is hereby granted and the filing of the motion to
dismiss is accepted.
Although the time for filing
a response has
not yet expired, complainants are hereby granted an extension
until October 27,
1994 to file a response to the motion to
dismiss.
IT IS SO ORDERED.
2
I, Dorothy
M.
Gunn, Clerk
of the
Illinois Pollution Control
Board, hereby
cert~fythat the above order
was adopted on the
~
day of
~
1994,
by
a vote of
.~
(I~
Ill
Pol,
Control Board