ILLINOIS POLLUTION CONTROL BOARD
    July
    21,
    1982
    ILLINOIS ENVIRONMENTAL PROTECTION
    )
    AGENCY,
    Complainant,
    PCB 81—144
    MARATHON OIL COMPANY,
    Respondent.
    ORDER OF THE BOARD
    (by I.
    Goodman):
    On May
    25,
    1982 Marathon Oil Company (Marathon)
    filed a
    Motion to Strike Count
    I and a part of Count II of the Com-
    plaint filed by the Illinois Environmental Protection Agency
    (Agency)
    on September 14,
    1982.
    The Agency
    filed a response
    on June 7,
    1982.
    With the Board’s authorization, replies
    were filed by Marathon and the Agency on July
    1 and July
    12,
    1982,
    respectively.
    Procedural Rule 308(a)
    requires motions
    to dismiss or strike portions of the Complaint to be
    filed
    within
    14 days after receipt of the Complaint.
    Marathon’s
    Motion to Strike is therefore untimely.
    In addition, those
    portions of the Complaint Marathon requests stricken involve
    matters of fact involving possible environmental harm and
    are properly subject of hearing
    in this matter.
    The motion
    is denied.
    IT IS SO ORDERED.
    I, Christan
    L. Moffett, Clerk of the Illinois Pollution
    Control Boa~,hereby certify that the above
    Order was adopted
    on the
    ~
    I
    day of
    _______________,
    1982 by a vote of
    ~i~()
    I.
    ~
    Chrlstan L.
    Moffett,
    ClerI~’
    Illinois Pollution Control Board
    47-403

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