ILLINOIS POLLUTION CONTROL BOARD

December

5,

1985

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

)

Petitioner,

v.

)

PCB 84—118

RICHARD

C. MC CORMICK,

Respondent.

ORDER OF THE BOARD

(by B.

Forcade):

On November 20,

1985,

the Respondent

filed

a Motion

to

Reconsider Sanctions which were imposed upon the Respondent by

the Board on September

20, 1985,

for failure

to comply with

discovery requests.

Petitioner filed an Objection to the

Respondents Motion

to Reconsider Sanctions on November

21,

1985.

The Respondent’s motion alleges several

explanations

for

their failure

to comply with discovery.

However, the Respondent

has failed to provide any proof of compliance, such as affidavits

or other verification,

to support its allegations.

Therefore,

the Respondent,

as the moving party,

has failed

to meet its

burden of proof to prevail

on

its Motion To Reconsider Sanctions.

The Respondent’s Motion

to Reconsider Sanctions

is hereby

denied.

The Agency’s November

21,

1985, motion for expedited

hearing

is referred

to the Hearing Officer.

IT

IS SO ORDERED

I, Dorothy M. Gunn,

Clerk of

the Illinois Pollution Control

Board, hereby certify

tb~t

the above Order was adopted on

the

~

day of

_____________________,

1985,

by

a vote

of

—/-—~

~_~

~

~/!)

/

Dorothy M.

G6nn,

Clerk

Illinois Pollution Control Board