ILLINOIS POLLUTION CONTROL BOARD
    August
    5,
    1993
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    PCB 93—87
    v.
    )
    (Enforcement)
    SOUTH HOLLAND METAL FINISHING CO.,
    )
    an Illinois Corporation,
    Respondent.
    ORDER OF THE BOARD
    (by B.
    Forcade):
    This matter comes before the Board on a “Supplemental Motion
    to Dismiss” filed by South Holland Metal Finishing Co.
    (South
    Holland)
    on July 21,
    1993.
    The complainant filed a response to
    the motion on July 26,
    1993.
    South Holland contends that Section 39.5 of the
    Environmental Protection Act
    (Act) (415 ILCS 5/39.2
    (1992)) should
    be viewed as superseding and replacing prior permit requirements
    and procedures with regard to air pollution.
    South Holland
    further argues that its operations are exempted from the
    requirements of the Clean Air Act permit program and should not
    be subject to any other requirements with respect to air
    pollution.
    South Holland also seeks leave to file the motion to
    dismiss beyond the
    14 day requirement of 35 Ill. Adm.
    Code
    103.140(a) because the provisions of the Act cited are fairly
    recent in nature and the motion presents a substantial issue.
    Complainant argues that South Holland’s motion
    is untimely
    and without merit,
    and should be denied.
    Further complainant
    notes that South Holland’s “Motion to Dismiss” filed on June 16,
    1993 was denied and found to be untimely.
    Complainant notes that
    the issues raised in the supplemental motion could have been
    raised in the prior motion, as the provisions have been in place
    since at least September of 1992.
    Even if the motion were considered timely, the complainant
    argues that the motion should be denied because South Holland
    does not present any logical or valid argument warranting
    dismissal.
    Complainant notes that various provisions of the Act
    incorporate federal provisions to meet the requirements of the
    federal Clean Air Act and to strengthen existing state
    provisions.
    Further, complainant argues that Section 39.5
    is of
    no consequence in this matter because the alleged violations
    (up
    to January of
    1991)
    predate the adoption and implementation of
    the section.
    The Board denies South Holland’s request to file a
    supplemental motion to dismiss.
    The Board
    finds that the cited
    2
    provisions of the Act were not so recently adopted as to prohibit
    respondent from raising this argument earlier in the proceeding.
    These provisions were in effect for at least several months prior
    to the filing of the complaint and South Holland could have
    presented this issue at an earlier time.
    Further, even if the motion were timely filed, the arguments
    presented by South Holland do not support dismissal of this
    matter.
    Section 39.5 does not supersede or replace other permit
    requirements.
    In addition,
    at the time of the violation alleged
    in the complaint Section 39.5 was not in effect.
    IT IS SO ORDERED.
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    hereby certify that
    he above order was adopted on the
    _____________day of
    ,
    1993,
    by a vote of
    ,~
    Dorothy M. 9~n, Clerk
    Illinois P~XutionControl Board

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