ILLINOIS POLLUTION CONTROL BOARD

October 14, 1982

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

)

Complainant,

V.

)

PCB 79—145

CELOTEX CORP. and PHILIP CAREY CO.,

)

Respondent.

ORDER OF THE BOARD (by J. Anderson):

The Board notes that there has been no activity in this

case since late 1980. In response to the Clerk’s June 15, 1982

inquiry concerning a hearing date in this matter, Counsel for

Celotex responded that further discovery was necessary in this

case, and that the case should be reassigned to a new Hearing

Officer on the basis of a possible conflict of interest. The

Hearing Officer had pointed out his mother’s recent marriage

to a retiree who had been a former Celotex employee. As any

potential conflict was waived by the Attorney General (letters

of October 3 and December 10, 1980), the Board declines to

reassign this case.

Within 30 days of the date of this Order, the parties shall

submit final discovery requests to the Hearing Officer, who shall

establish an expeditious discovery schedule within 40 days of

the date of this Order. After reviewing the history of this

action,

the

Board

finds

it necessary to caution the parties that

purposeful delay for its own sake of resolution of this matter

will subject the responsible party to sanctions.

IT IS SO ORDERED.

I, christan L. Moffett, Clerk of the Illinois Pollution

Control Bo~rd,hereb c rtify that the above Order was adopted

on the J’~~~dayof

_________________,

1982 by a vote of ~

Christan L. Moffe~ lerk

Illinois Pollution ontrol Board

49- 129