ILLINOIS POLLUTION CONTROL BOARD
    November 21,
    1991
    DON
    BOLANDER,
    )
    Complainant,
    )
    PCB 91—136
    v.
    )
    (Enforcement)
    )
    MONTICELLO BUS SERVICE,
    )
    WAYNE KRUGER,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by J.
    C. Marlin):
    On August 14,
    1991, this complaint was filed.
    On August
    22,
    1991, the Respondent requested that the Board grant the Respondent
    60
    days to
    respond
    to
    the
    complaint.
    The Board
    granted
    that
    request on September 26,
    1991 and granted until October 28,
    1991,
    for the Respondent to file its pleading.
    The Board notes that its
    procedural rules require the Board to place the complaint on its
    agenda
    for
    a
    Board
    determination
    that
    the
    complaint
    is
    not
    “duplicitous
    or
    frivolous”.
    35
    Ill.
    Adm.
    Code
    103.124.
    On
    November
    12,
    1991,
    the Board
    received
    a
    Motion
    to Dismiss the
    Complaint
    filed
    by
    Respondent
    asserting that
    the
    complaint
    is
    “frivolous”.
    On November 21,
    1991,
    the Board received a response
    from Complainant to the Motion to Dismiss.
    The instant Motion states that “on October 29,
    1991, the Order
    of the
    Pollution Control
    Board was
    received by this
    attorney,
    ordering a response to the Complainant to be received no later that
    October
    28,
    1991.
    We presume the lateness
    of receipt
    of
    this
    notice was inadvertent.”
    The Board notes that its September 26,
    1991 Order was mailed on September 27, 1991 and was received by the
    Respondent
    on
    September
    30,
    1991,
    according
    to
    the
    Board’s
    certified mailing records and the return receipt.
    The Board finds that the Motion to Dismiss the Complaint as
    frivolous is not timely filed and denies the Motion.
    This has been
    assigned to
    a hearing officer who will contact the parties to set
    a hearing date.
    IT IS SO
    ORDERED.
    127—205
    2
    I,
    Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    do hereby cer~4fythat the above Order was
    adopted,. on the
    1~-~
    day of
    ~
    ,
    1991, by a vote of
    ~0
    L
    M. Gu~, Clterk
    Po1’1~’tionControl Board
    127—20~

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