ILLINOIS POLLUTION CONTROL BOARD

May

30, 1985

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Complainant,

v.

)

PCB 83—60

PIERCE HASTE OIL SERVICE,

INC.

At~ID

CENTRAL REFINING COMPANY,

)

Respondents.

ORDER OF THE BOARD

(by J.

Anderson):

On May 20,

1985, Respondents filed

a general motion to

dismiss this complaint,

or

in the alternative,

to strike

a demand

~or penalties,

as well

as more specific requests

to dismiss

Counts II, VII and \TIII.

The Illinois Environmental Protection

Agency (Agency),

by the Attorney General,

filed

its response on

May 23, 1985.

The motions are denied.

As the Agency correctly pointed out,

these motions are

untimely, pursuant

to 35

Ill. Adm.

Code 103.140.

More

importantly,

resolution of the legal issues presented

in these

motions

is dependent

on application of the law to the specific

facts of this case, facts which

are currently “not only disputed

but are largely undeveloped”

(Agency Response

re:

Counts VII

—

VIII,

p.

5).

Respondents may renew their arguments after

creation

of the factual

record in this case.

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

ioti_

day of _______________________,

1985, by a vote

of

C~-O

.

Dorothy M.

Gunn, Clerk

Illinois Pollution Control Board

64-125