ILLINOIS POLLUTION CONTROL
    BOARD
    November 7,
    1991
    PEOPLE OF THE
    )
    STATE OF ILLINOIS,
    )
    Complainant,
    PCB 91—157
    V.
    )
    (Enforcement)
    )
    THE GRIGOLEIT COMPANY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by J. Anderson):
    On October
    8,
    1991, the Grigoleit Company (“Grigoleit’~)
    filed
    a motion to dismiss and strike the September 4,
    1991
    complaint in this matter,
    a brief in support of its motion to
    dismiss and strike,
    a motion to file the motion to dismissand
    strike instanter,
    and a motion to file a brief
    in excess of 15
    pages.
    On October 10,
    1991, the Attorney General, on behalf of
    the People of the State of Illinois
    (“AG”),
    filed an objection to
    Grigoleit’s motion to
    dismiss
    and strike and Grigoleit’s motion
    to file a brief
    in excess of 15 pages.
    In its motion to file its motion to dismiss and strike
    instanter, Grigoleit states that it was unable to timely file its
    motion to dismiss and strike because of the length
    (30 pages)
    and
    complexity of the AG’s complaint.
    In response, the AG objects to Grigoleit’s motion to file
    instanter and asks the Board to deny the motion.
    In support of
    its request, the AG notes that although 35 Ill.
    Adm. Code
    103.140(a),
    requires respondents to file motions to dismiss
    within
    14 days of receipt of the complaint,
    Grigoleit filed its
    motion to strike and dismiss after the deadline specified in 35
    Ill. Adm. Code 103.140(a).
    The AG also argues that Grigoleit’s
    motion contains numerous misstatements of law and facts, that
    requiring the AG to reply to a defective motion and excessive
    brief would be a waste of its resources and those of the Board,
    and that any reply would delay the resolution of this matter as
    well as Grigoleit’s compliance with the Act and regulations.
    Finally, the AG notes that it will not file
    a reply to
    Grigoleit’s motion to dismiss and strike until the Board rules on
    Grigoleit’s motion to file instanter.
    The AG correctly notes that 35
    Ill.
    Adm. Code 103.140(a)
    states that all motions to dismiss or strike the complaint or
    challenging the jurisdiction of the Board shall be filed within
    14 days after receipt of the complaint.
    In its motion to file
    instanter,
    Grigoleit states that it received the complaint on
    127—25
    2
    September 3,
    1991.
    However, Grigoleit filed its motion to strike
    or dismiss on October
    8,
    1991,
    35 days after Grigoleit received
    the complaint.
    Moreover, Grigoleit has not provided the Board
    with any extenuating circumstances that persuade us to grant
    their motion to file instanter.
    Accordingly, the Board hereby
    denies Grigoleit’s motion to file its motion to dismiss or strike
    instanter.
    As a result of our ruling, Grigoleit’s remaining
    filings are rendered moot.
    ITIS SO ORDERED.
    I,
    Dorothy M. Gunn,
    Clerk of the Illinois Pollution control
    Board,~J~ereby
    certify Ui
    the above Order was adopted on the
    7
    ~—ii
    day of
    ____________________,
    1991 by a
    vqt-e
    of
    ~7TC
    .
    Illinois
    Control Board
    127—26

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