ILLTNIOtS

POLLUTION

CONTROL

BOARD

April

3,

1980

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Complainant,

v.

)

PCI3 79—145

CELOTEX CORPORATION and

)

PHILIP CAREY COMPANY,

Respondents.

ORDER

OF

TUE

BOARD

(by

Mr.

Goodman):

The

Agency’s

‘larch

24,

1980

Motion for Sanctions against

Respondent

Celotex,

responded

to

on

April

1,

1980,

is

granted

in

part

as

follows.

Interrogatories.

On

January

21,

1980

the

hearing

officer

ordered Respondent

to answer Interrogatortes

1—3,

5—18,

and

20 on or before February

18,

1980.

The Agency has received

none of these answers

as

of March

24,

1980.

Respondent Celotex

itself admits that as of March 24,

1980 it had not responded.

(Par.2,

Opposition to Motion for Sanctions).

Respondent has therefore violated the order of the hearing

officer.

The Board finds that the Agency has been substantially

and materially

prejudiced by Respondent’s violations

in that

it

is now unable

~o prepare

for hearing and is subject to

surprise at that hearing.

In order to alleviate this hardship

the Board orders that Respondent be barred from introducing

evidence,

includIng witnesses and documents,

at hearing regard-

ing facts relevant to any paragraphs of the complaint to which

answers of the above—cited interrogatories are material.

Production

of Documents.

The Agency pleads that Respondent

has produced no documents since being ordered

to do

so on

January

21,

1980 by the hearing officer.

These documents,

prior

to entry of that order,

had been due on or before November

1,

1979.

Respondent states that on December

4,

1979 it offered

to produce the documents, hut does not state that they were made

available by February

18,

1980 as ordered by the hearing

officer.

---

—2—

The Board

finds t±atthe documents could reasonably

have been available to the Agency after January

21,

1980 and

therefore denies sanctions

in this regard.

The Board orders

that the Agency shall

inspect and copy those of the documents

produced which it desires on or before April

25,

1980.

Hearing.

The parties are ordered to file any and all

additional discovery requests within thirty days.

In the event

additional requests are served,

all discovery shall be completed

on or before June 13,

1980 and hearings shall be held on or

before July

25,

1980.

In the event no additional requests are

served,

hearings

shall he held on or before May 23,

1980.

All parties shall adhere to the following schedule:

1.

All additional discovery requests are to be served on

or before May

5,

1980.

If any requests are served, responses

and/or objections are due on or before June

2,

1980.

The

hearing officer

shall rule on any objections

to discovery

on

or before June

6,

1980;

all discovery shall be completed by

June

13,

1980 and all hearings set and held by July

25,

1980.

2.

If no additional discovery requests are served

on or before May

5,

1980,

the Hearing Officer

shall arrange that

hearings be set and held on or before May

23,

1980.

3.

At hearings, Respondent

is barred from introducing

any and all evidence regarding facts relevant to any allega-

tions of the complaint to which answers

to Interrogatories

1—3,

5-18,

and 20 are material.

All objections

to the hear-

ing officer’s rulings

on materiality are

to be made at hearing,

on the records and with clear and concise language.

IT

IS

SO ORDERED.

Mr. Werner abstains.

I,

Christan L.

Moffett,

Clerk of the Illinois Pollution

Control Boa~, hereby certif

that the above Oder was adopt~ed

on the

31~

day

of

______________,

1980 by a vote of

4-0

Christan

L.

Moff

,

Clerk

Illinois Pollutio

ontrol Board