ILLINOIS POLLUTION CONTROL BOARD

September 15, 1994

ANGELA M. WHITE,

)

Complainant,

V.

)

PCB 94—150

(Enforcement)

TERRY & BILLIE VAN TINE &

)

SCHNEIDER TRANSPORT. INC.,

)

Respondents.

ORDER OF THE BOARD (by E. Dunham):

This matter comes before the Board on a “Motion to Decide

Proceeding on the Merits” filed on August 29, 1994, by Schneider

Transport. Inc. (Schneider). Angela White filed a response to

the motion on September 9, 1994, four days after the seven day

filing deadline for filing a response to a motion lapsed. No

motion to accept the response

instanter

was filed, nor was any

reason given for the late filing. In the interest of affording a

full hearing to all persons before the Board, the Board accepts

the response

instanter.

Complainant is warned that late filings

are accepted at the discretion of the Board.

Schneider requests that the Board grant summary judgment,

asserting that there are no issues of material fact in dispute.

In their response, the complainant includes facts that may remain

in dispute. As such, a motion for summary judgment is not

appropriate. The Board believes that dismissing Schneider as a

party may cause prejudice to respondents, Terry and Billie Van

Tine and to complainant.

The motion to dismiss Schneider as a party to this complaint

is therefore denied. All parties named are to be present or

represented at the hearing now scheduled for September 30, 1994.

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certif~thatthe above order was adopted on the

/5~~

day of

_______________,

1994, by a vote of

_______

Control Board