ILLINOIS POLLUTION CONTROL BOARD

January

23, 1973

ENVIRONMENTAL

PROTECTION

AGENCY

#72~226

v.

)

LONZA,

INC.

ORDER

OF

THE

BOARD

(BY SAMUEL

T.

LAWTON,

JR.):

Motion to dismiss has been filed by Respondent, Lonza,

Inc.,

on the grounds that more than sixty days had elapsed between

the filing of

the

complaint and the initial date for hearing.

We have frequently held that Rule 307 of our Procedural Rules

is not jurisdictional and failure to comply with this provision

does not justify a dismissal of the case.

Accordingly,

the

Motion

to

Dismiss

of

Respondent

is

denied.

See Environmental Protection Agency v.

International Harvester

Company,

(Wisconsin Steel Division),

#72—242

(December

5,

1972).

IT IS SO ORDERED.

I, Christan Moffett, Clerk of the ILlinois Polluti~ Control Board,

certify that the above Order was adopted on the~3”_dayof January,

1973,

by

a

vote

of

‘3

to

p

6

—