ILLINOIS POLLUTION CONTROL BOARD
February
9,
1984
ILLINOIS ENVIRONMENTAL
)
PROTECTON
AGENCY,
Complainant,
V.
)
PCB
83—163
LARR~( BITTLE,
etal.
Respondent.
ORDER
OF
THE BOARD
(by J, Anderson):
On January
23,
1984,
Larry Bittle filed a Second Motion to
Dismiss, alleging that dismissal with prejudice oE
a Circuit
Court action against him,
p~v. Southern Recycli~~Co.
and
Larr~yBittle,
No, 79CH35,
on July
26,
1982 bars pursuit of this
action on
the
grounds
of res j~icata.
On January 24, the
Attorney General moved that the motion be stricken by reason of
Bittle’s failure to include
this ground in his original motion,
and
that
further
motions
he
prohibited.
Bittle
filed
a
response
in opposition February
3,
1984,
alleging
that
jurisdictional
objections
ar2
always timely.
The Board denies the Attorney
General’s
motion to strike,
finding
that this jurisdictional
objection should be entertained.
However,
no additional pre-hearing
motions to dismiss by Bittle
will
he
heard.
Considering the merits of Bittl&s
motion, the motion
is
granted
in part.
The
circuit court
complaint
charged
Bittle
only
with failure to
obtain an operating permit,
in violation of Mine
Rule 201 and Section
12
(b)
of the
Act.
The instant complaint
contains similar allegations
in Counts V and Counts VI.
These
Counts are stricken to
the
extent
that
they involve allegations
of such violations occurring on or after November 23,
1978
until
July
3,
1979,
the
time frame of the violations alleged
in the
complaint which was dismissed with prejudice by Judge Keenan;
to
the extent that such Counts alleged violations before or since
that date,
the Counts may stand.
Finally,
the Board notes that on January
23, 1984, Bittle
filed what purports to be a response to Max Mitchell’s December 6
motion to join additional parties, which
was granted by the Board
January
12,
1984,
This unexplained late filing
is stricken.
56-161
—
Board Members
J.
D.
Dumelle and D.
Anderson concurred.
IT
IS SO ORDERED.
I, Christan L. Moffett, Clerk of
the
Illinois
Pollution
Control
Board,
hereby certify that the
above Opinion and Order
w3s adopted on the f~~day of__________
_____,
1984
by
a
VOtE~
of
~
Christan L. Moffett, C3(~k
Illinois Pollution Control Board
56-162