ILLINOIS POLLUTION CONTROL BOARD
    October 24,
    1991
    CLYDE
    R. DACE,
    )
    )
    Complainant,
    )
    V.
    )
    PCB 91—153
    )
    D. KOHLASE and the FOX RIVER
    )
    GROVE FIRE PROTECTION DISTRICT,
    )
    )
    Respondents
    )
    ORDER
    OF THE BOARD
    (by J.C. Marlin):
    This matter is before the Board on a Notion for Leave to File
    Affidavit filed October 10,
    1991 by Respondents D. Kohiase and the
    Fox River Grove Fire Department.
    The affidavit is in support of
    a motion to dismiss filed by the respondents on September 16, 1991
    and denied by
    a Board Order dated October
    10,
    1991.
    The motion
    alleges that counsel did not receive a copy of the Board’s Order
    granting leave to file supporting affidavits until October 7,
    1991.
    Respondents mailed the affidavit that day.
    Although not in the
    form of a motion for reconsideration, the motion urges, in effect,
    the Board to consider the affidavit in reconsidering the motion to
    dismiss.
    The Complainant had previously filed a response to the
    motion on September 30,
    1991.
    Reconsideration
    is
    granted.
    However,
    for
    the
    reasons
    previously stated, the motion to dismiss is again denied.
    IT IS SO ORDERED.
    I, Dorothy N.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board~ ~ierebycertify that
    e
    ye
    Order
    was adopted on the
    _____________
    day of
    ___________________,
    1991,
    by
    a
    vote of
    7-c’
    Dorothy N, ,4~1nn,
    ~lerk
    Illinois P~)~1ution
    Control Board
    126—607

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