ILLINOIS POLLUTION CONTROL BOARD
August 12, 2004
BOARD OF TRUSTEES OF SOUTHERN
ILLINOIS UNIVERSITY GOVERNING
SOUTHERN ILLINOIS UNIVERSITY,
EDWARDSVILLE,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 02-105
(NPDES Permit Appeal)
HEARING OFFICER ORDER
On August 12, 2004, the parties participated in a telephone status conference with the
hearing officer. Petitioner requested a deadline of November 1, 2004, for completion of written
discovery, and a deadline of December 1, 2004 for completion of depositions. These are the first
discovery deadlines set, as the main delay in this case was due to an extensive monitoring study.
Respondent argued that these dates are unreasonably long, and that discovery is not necessary
because the record should stand on its own. Respondent further asserted that the only issue here
is a question of law. Petitioner argued that it cannot determine whether there are questions of
fact without discovery. Petitioner’s discovery deadline requests are granted. Pursuant to
Section 101.516 of the Board’s procedural rules, respondent may file its motion for summary
judgment before December 1, 2004.
The parties are directed to participate in a telephone status conference with the hearing
officer at 10:00 a.m. on December 2, 2004. The status conference shall be initiated by the
petitioner. At the status conference, the parties must be prepared to discuss the status of the
above-captioned matter.
There is an open waiver of the decision deadline in this matter.
IT IS SO ORDERED.
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Carol Sudman
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
217/524-8509
sudmanc@ipcb.state.il.us
