ILLINOIS POLLUTION CONTROL BOARD
    March 21,
    1984
    ILLINOIS ENVIRONMENTAL PROTECTION
    )
    AGENCY,
    Complainant,
    v.
    )
    PCB 83—17
    RUSSELL BLISS
    et
    al.,
    )
    Respondents.
    ORDER OF THE BOARD
    (by B.
    Forcade):
    On February 27,
    1984 Respondent Russell Bliss filed a motion
    to dismiss on the grounds that the Hearing Officer had failed to
    schedule a hearing within 90 days of the filing of the complaint
    as required by 35 Iii. Mm.
    Code 103.125.
    The hearing was held
    on January
    4,
    1984, more than 90 days after the complaint was
    filed on February
    4,
    1983.
    The appropriate remedy
    for failure to comply with Section
    103.125 would have been to request the Board to order a hearing
    to be set.
    No such request was ever made,
    and no prejudice has
    been alleged as
    a result of the delay in setting
    a hearing.
    Now
    that the hearing has been concluded, the motion
    is moot,
    and will
    be denied.
    IT IS SO ORDERED.
    Board Member 3.
    Theodore Meyer dissented.
    I, Christan L.
    Moffett, Clerk of the Illinois Pollution
    Control ~oard, hereby certify that the above Order was adopted on
    the ~I~day
    ~
    ,
    1984 by a vote of
    ~
    /
    c~4~g1~
    —
    Christan L. Mo~fA~t,Clerk
    Illinois Pollution Control Board
    57-158

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