ILLINOIS

POLLUTION CONTROL BOARD

September

1.,

1977

CITIZENS

FOR

A

BETThR

ENVIRONNE~T,

)

Comp1ainant~

v.

)

PCB

4—171

BULK TERMINALS COMPANY and

GERALD SPAETH,

kespondents

—

~nd

ENVIRONMENTAL

PROTECTION

AGENCY,

Complainant,

v.

PCB 74—193

BULK

TERMINALS

CCMPANY

and CABCT

CORPORATION,

Resoondents.

ORDER

OF THE BOARD

¶hy Mr

Goodman~:

On August

25~

9;7,

Respondents Bulk

Termina1~

Company

and

Gerald Spaeth filed

a

Second

Amended

Motion

to

Dismiss

the

above-

captioned

~TLact:

s

~

~cond

Amended i’~oti.on to C~srniss

raises

issues

substantially identical

to

those

raised

in

a

prior

Amended

Motion

to Strike

and !)ismiss

filed by Respondents

on August

16,

1974.

The prior

Amended ~4otion was

denied

by

the

Board.

The

Board

finds

that this Second

Amended

Noticn

to

Dismiss

is

in

fact

a Motion for

rehearing

of the prior Amended ~otion,

denied three

years ago, and

as such is untimely.

The Second

Amended Motion

to Dismiss

is, there-

fore,

denied.

In addition, on

Augu3t

25,

1977, Respondents filed a Motion

for

Oral Argument~

Liat

motion

is

denied.

---

—2—

I, Christan L. Moffett,

Clerk of the Illinois Pollution Control

Board, hereby certify the above Order wa~adopted on the

day

~

1977 by

a vote of

~

__

fraL~6L

Christan

L. Moffè

Clerk

Illinois Pollutio