ILLINOIS POLLUTION CONTROL BOARD

September

13,

1990

PEOPLE OF

THE

STATE OF

ILLINOIS,

Complainant,

v.

)

 POE 90—140

(Enforcement)

O

 & K INVESTMENTS,

 INC.,

GARY CROSS and KEVIN LESSMAN,

)

Individually and as Officers

thereof,

Respondent.

ORDER OF

THE

BOARD

 (by J.

C.

 Marlin):

This

 matter

 comes

 before

the

 Board

on

 Respondents

G

&

K

Investments,

 Inc., Gary Cross and Kevin Lessman’s

 (“G & K”) Motion

to Dismiss filed August

13,

 1990.

 The motion alleges due process

violations

and

 estoppel

as

 matters

 which

bar

the

 complainant

Illinois Environmental Protection Agency (“Agency”) from filing the

instant complaint.

G

&

K

 requests

the

 Board

to

 dismiss

the

 complaint

 with

prejudice.

 The motion

 is supported by affidavit.

 On August

21,

1990 the Agency filed Complainant’s Response to Respondent’s Motion

to Dismiss.

Because

the

 factual

 allegations

 made

by

G

&

K

 have

 been

contested by the Agency,

 they have become matters which are best

resolved after receipt of proof at hearing.

 Therefore, the motion

to dismiss

 is denied.

 This ruling does not prevent

 a party from

advancing the same contentions after

 completion

 of the hearing.

(See 35

 Ill.

 Adm.

 Code 103.140(e)).

IT

 IS SO ORDERED.

I,

 Dorothy

M.

 Gunn,

 Clerk of the Illinois Pollution Control

Board, hereby certify that ~the above Order was adopted on the

~

 day of _________________________

 1990,

 by a vote of

______

•1

Dorothy N.

 Gunn,

 Clerk

Illinois Pollution Control Board

115—21