ILLINOIS POLLUTION CONTROL BOARD
    January 10,
    1985
    THOMAS E. GREENLAND,
    )
    )
    Complainant,
    )
    v.
    )
    PCB
    84—155
    CITY OF LAZE FOREST,
    I
    Respondent.
    ORDER OF THE BOARD (by J. D. Dumelle):
    The Complaint in this proceeding was filed with the Board on
    October 17, 1984. Cii December 14, 1984 the city of Lake Forest
    filed a Motion to Dismiss arguing that both the regulatory and
    statutory provisions which form the basis of the Complaint are
    inval id and that the Board has no authority to grant the relief
    requested.
    at
    January 4, 1985, the complainant filed a Response
    to Respondent’ s Motion to Dismiss arguing that the Motion to
    Dismiss was untimely under Section 103.140 of the Riles of the
    Pollution Control Board (35 Ill. Adm. Code 103.140), that the
    regulatory and statutory provisions are valid, and that legal and
    factual issues remain with regard to the Board’ s authority to
    grant the relief requested.
    Although Lake Forest’s Motion to Dismiss was not filed
    within 14 days after receipt of the complaint as required by
    35 Ill. Mm.
    Code 103.140, the Board
    will refrain
    from
    denying
    the Motion on this technical
    bas±sas
    the Board finds that the
    Motion to Dismiss on its merits does not require dismissal of
    this action.
    We note that
    in
    a motion attacking the validity of a statute
    or regulation,
    the
    moving party bears the
    borden of demonstrating
    such invalidity.
    The Board is not persuaded by Respondent’s
    arguments on such invalidity as made in this Motion. The Board
    also notes that in fashioning a remedy, it is not confined to
    the relief requested, therefore this is not a basis for dismissal.
    (See Ill. Rev. Stat. 1983.
    oh. 110,
    par. 2—617.)
    The Board requests that both parties supplement their legal
    arguments at hearing.
    The Motion to Dismiss is hereby denied.
    IT IS SO ORDERED.
    62-291
    I, Dorothy M. Gunn, Clerk of
    the
    IllInoIS Pollution Control
    Board, 1)ereby certify t t the above Order
    was
    adopted on
    the
    ~
    day_of~~~Lp
    1985 by
    a
    vote
    Dorothy M. ~nn,
    Clerk
    Illinois Pollution Control Board
    62~292

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