ILLINOIS POLLUTION CONTROL BOARD

March 15, 1973

ENVIRONMENTAL PROTECTION AGENCY

#72-493

v.

ROLAND W. FIEDER, d/b/a

JOLIET INDUSTRIAL DISTRICT

ORDER

OF

THE BOARD (BY SAMUEL T. LAWTON, JR.):

Respondent

has filed a Motion to Strike the Complaint on the

grounds that the Hearing Officer was appointed during a period

when the Board lacked a quorum, and, therefore, his designation

was void.

This proceeding is an enforcement action filed by the Environ-

mental Protection Agency on which a hearing is mandatory (Sec. 31(a),

Environmental Protection Act)

.

The designation of a Hearing Officer

in such an instance is a ministerial function and not a final deter-

mination of the Board requiring the vote of three members as provided

in Section 5(a) of the Act. The motion to strike the complaint is

denied.

IT IS SO ORDERED.

I, Christan Moffett, Clerk of the Illinois Po11utio~iControl Board,

certify that the above Order was adopted on the /S~1b1dayof March,

1973, by a vote of ~

—

to

0

71/

~

~

7

—