ILLINOIS POLLUTION CONTROL BOARD

May 6,

1976

ENVIRONMENTAL PROTECTION AGENCY,

)

Complainant,

v.

)

PCB 75—280

ZEIGLER COAL COMPANY,

Respondent.

ORDER OF THE BOARD

(by Mr. Goodman):

A Motion for Leave to File Interlocutory Appeal was filed

with the Board on April

26, 1976 by the Respondent herein.

Re-

pondent request permission to appeal an Order by the Hearing

Officer dated April

5,

1976, which requires Respondent to answer

Complainant’s interrogatories filed on January

28,

1976.

Prior

to the Order of April

5,

1976 by the Hearing Officer herein,

the

Board was requested by

said Hearing Officer to rule on a propriety

of the interrogatories under Rule 206(a) (7)

of the Procedural Rules.

Briefs were submitted and on April

8,

1976, three days subsequent to

the Order of the Hearing Officer herein, the Board struck interroga—

tories numbers

3,

6,

7,

8,

9,

12, and 13 as being beyond what is

necessary for the purpose intended.

In the Order of April

8,

1976,

the Board also ordered the Respondent to respond to the remaining

interrogatories

in such manner as shall be determined by the Hearing

Officer herein.

It is obvious that the conflicting Orders of the Hearing

Officer herein and the Board, dated April

5,

1976 and April

8,

1976

respectively, have resulted in a confused situation.

The April

5,

1976 Order of the Hearing Officer herein is hereby overruled,

The

Board Order of April

8,

1976,

is reaffirmed and the parties herein

are ordered to conform to said Order.

Respondent’s Motion for Leave

to File Interlocutory Appeal

is denied.

IT IS SO ORDERED.

Mr. Young abstained.

21 —299

---

—2—

I,

Christan

L.

Moffett, Clerk of the Illinois Pollution Control

Board, hereby certify the above Order was ad9pted on the

~1~7

day of

,

1976 by a vote of

~/-~O

Illinois Pollution Co

Board