ILLINOIS POLLUTION CONTROL BOARD
    February
    26,, 1985
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    )
    PCB 79—145
    THE CELOTEX CORPORATION
    and PHILIP CAREY COMPANY,
    )
    Respondents.
    ORDER OF THE BOARD
    (By B.
    Forcade):
    This matter comes before
    the Board
    on
    a February
    7,
    1986,
    Celotex Corporation (“Celotex”) Motion
    for Sanctions and a
    February 24,
    1986,
    Illinois Environmental Protection Agency
    (“Agency”)
    Motion
    for Interlocutory Appeal,
    Motion
    to Overrule
    the Hearing Officer and Motion
    to Deny Sanctions.
    The Celotex
    motion requests sanctions based
    on its assertion that the Agency
    has “not supplied Celotex with the information required
    by”
    a
    November
    11,
    1985, Hearing Officer Order.
    The Agency’s “motion,”
    which
    the Board
    construes as
    a response,
    argues that the October
    7,
    1985,
    Hearing Officer Order
    (which presumably deals with the
    same “information” request as
    the November 11,
    1985, Hearing
    Officer Order)
    should be overruled
    and, alternatively,
    that the
    Agency has
    in fact made
    the “information” available
    to Celotex.
    On February 26,
    1986,
    Celotex filed
    a letter requesting
    the Board
    not
    to rule on
    the Agency’s motions until
    Celotex had an
    opportunity to respond.
    The Board denies Celotex’s motion
    for
    sanctions.
    In this
    case,
    the most appropriate
    basis
    for the Board imposing sanctions
    would
    be
    a factual determination by the Hearing Officer
    that
    the
    terms of his November 11,
    1985,
    order had been violated: the
    Hearing Officer
    is
    in
    a
    far better position
    to make such
    a
    determination considering
    the complex nature of discovery in this
    proceeding.
    Absent
    the Hearing Officer’s determination that his
    discovery order has been violated,
    the Board will deny the motion
    for sanctions as being inadequate
    to support
    such
    a remedy.
    The Board denies the Agency’s Motion
    to Overrule the Hearing
    Officer.
    The Agency has failed to demonstrate any error
    in the
    Hearing Officer’s October
    7,
    1985, Order
    to produce documents.
    The Board
    cannot overrule
    a Hearing Officer Order
    to produce
    documents on groundwater flow based on an unsworn and unexpert
    factual assertion relating
    to actual groundwater
    flow.
    —2—
    IT
    IS
    SO ORDERED.
    I,
    Dorothy
    M. Gunn,
    Clerk
    of the Illinois Pollution Control
    Board, hereby certifies that the above Order was adopted on
    the~~Lday of
    ___________________,
    1986, by
    a vote
    of
    ___________.
    /
    ~
    ~
    ~
    Dorothy
    M.
    dunn, Clerk
    Illinois Pollution Control Board

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