ILLINOIS POLLUTION CONTROL
    BOARD
    March 17, 1994
    ANNE SHEPARD, JAMES VERHEIN,
    )
    JEROLD LECKMAN,
    )
    )
    Complainants,
    PCB 94-2
    v.
    )
    (Enforcement)
    )
    NORTHBROOK SPORTS
    CLUB AND
    )
    VILLAGE OF HAINESVILLE,
    )
    )
    Respondents.
    ORDER OF THE BOARD (by G. T. Girard):
    The Board has before it several filings regarding discovery
    issues in this case. The Board notes that generally such issues
    would be left to a hearing officer; however in this case
    complainants assert that certain of their requests for
    information are related to complainants’ ability to respond to
    the motion to dismiss which is now pending before the Board. The
    Board will therefore rule on these discovery issues.
    Complainants have filed a request for admission of
    genuineness of document, request for document and request for
    admission of fact dated January 31, 1994. Complainants filed a
    supplement to the Januaz~y 31, 1994 request dated February 11.
    Complainants also filed an amendment to the January 31, 1994
    request dated February 28, 1994 and a motion to dismiss
    Northbrook Sports Club’s response to the January 31 requests.
    Northbrook Sports Club has filed a response to the January
    31 requests dated February 24, 1994 and a response to the motion
    to amend the January 31 requests of complainants dated March 2,
    1994. Northbrook Sports Club has objected to the requests for
    admission of facts.
    The Board notes that on March 9, 1994, the Board received a
    filing entitled motion to order discovery under the Act filed by
    complainants. This March 9 filing in effect replies to the
    filings of Northbrook. Therefore, the Board finds that this is a
    reply to a response and strikes the March 9, 1994 filing. (35
    Ill. Adin. Code 101.241(c).) The Board notes that on March 15 and
    16 the Board received responses to complainants’ motion; however
    those responses are moot as the Board struck that motion.
    As stated above the complainants maintain that the responses
    to the admissions of fact are necessary for its response to the
    motion to dismiss filed by respondents. After reviewing the
    filings, the Board finds that the discovery requests filed by
    complainants are not relevant to the issues pending before the
    Board at this time. Therefore, the Board sustains respondents’
    2
    objections.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board do hereby certify that the above order was adopted pn. the
    J7~~t
    day of
    ____________,
    1994, by a vote of 6 ~
    ~
    Dorothy M. G~n,
    Au,
    Clerk
    Illinois Pouution Control Board

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