May 23,

1974

ENVIRONMENTAL PROTECTION AGENCY,

)

Complainant,

)

v.

)

PCB 72—466

RAIL-TO-WATER TRANSFER CORP,

)

INTERIM ORDER OF THE BOARD

(by Dr. Odell)

On May 9,

1974, Respondent moved that Respondent~s

Exhibits

18 and 19, consisting of certain photographic slides,

be delivered to Respondent for reproduction.

The Environmental

Protection Agency

(EPA)

filed a response on May

16,

1974, and

prayed that Respondent~smotion be denied.

We deny the motion.

The slides are the best evidence

of

the scenes portrayed.

Introducing substitute prints into the

record without the opportunity for cross examination by the

EPA

would raise due process questions.

Finally, we do not wish to

further delay the resolution of the issues in this case.

Respondent~sMotion to Withdraw Certain Exhibits is denied.

IT

IS

SO ORDERED.

I,

Christan

L.

Moffett,

Clerk

of

the

Illinois

Pollution

Control

Boar~,hereby

certify that the above Order was adopted on the

~

day of

,

1974, by a vote of

____

to

0

~tanL,Mtt

12—319