ILLINOIS POLLUTION CONTROL BOARD

November

6,

1986

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Complainant,

v.

)

PCB 83—163

LARRY BITTLE, d/b/a SOUTHERN

)

RECYCLING,

a dissolved Illinois

)

corporation, WILLIAM GAMBER,

)

LEONARD C.

BITTLE,

and

3.

MAX

)

MITCHELL,

)

Respondents.

ORDER OF THE BOARD

(by R.

C.

Flemal):

This matter comes before

the

Board upon the October

9, 1986,

request by Respondent

J.

Max Mitchell

for oral argument before

the Board.

In support of his motion, Mitchell states that this case

“involves unusual issues concerning the concepts of res judicata,

estoppel and laches and

also involves issues not previously

discussed

in opinions of the Board...”

Mitchell believes that

consequently, oral argument would provide the Board

“with the

opportunity

to question all parties concerning these issues

in

order

to better

understand them and

reach an appropriate

decision”.

Mitchell does not claim that these issues have been

inadequately raised and/or discussed

in

the record of this case

as

it presently exists.

Rather,

respondent seems to be

alleging

that oral argument would prove additionally helpful

to the Board

as

it addresses the

issues presented

here.

In its rebuttal brief

filed November

3, 1986, the Agency

urges

the Board

to deny Mitchell’s request.

The Agency views

oral argument as being

“not warranted by the facts of the case,

and

...not

in the best interests of all parties...”

Oral argument would admittedly provide

a forum for further

exploration of these

issues.

However,

the Board

is unable, as

a

matter of practicability,

to allow oral argument

in all but the

most

extraordinary

situations.

As

many

hearings

have

already

been

held

in

this

docket,

and

the

opportunity

for

submission

of

briefs has been provided

to the parties,

the Board believes that

this case

is not one of such

an extraordinary nature that oral

argument can

be permitted.

74-24

---

—2—

The October

9,

1986,

request of J.

Max Mitchell

for oral

argument

is therefore denied.

IT

IS SO ORDERED.

I,

Dorothy M.

Gunn,

Clerk of the Illinois Pollution Control

Board,

hereby certify that the above Order was adopted on

the

______________________

day

of

~

,

1986,

by

a

vote

of

_____________.

7

~(/

~

~A

Dorothy

M. ~unn, Clerk

Illinois

Pollution

Control

Board

74-25