ILLINOIS POLLUTION CONTROL BOARD
October 30,
1980
ILLINOIS ENVIRONMENTAL PROTECTION
)
AGENCY,
Complainant,
v.
)
PCB 79-26 and
PCB 79—167
CONTINENTAL
GRAIN
COMPANY,
a
)
Delaware
Corporation,
Respondent,
and
CONTINENTAL GRAIN COMPANY,
)
Petitioner,
V.
ILLINOIS ENViRONMENTAL PROTECTION
)
AGENCY,
Respondent.
ORDER OF THE BOARD
(by
I.
Goodman):
The Joint Motion For Consolidation filed October 29,
1980 is
granted as follows.
1.
All pleadings and other documents shall be filed under
the title and number corresponding to docket number PCB 79—26 only.
2.
Continental has waived its statutory right to a decision
within
90 days on PCB 79—167.
3.
At any and all hearings held in these consolidated
proceedings, the permit appeal proceeding
(PCB 79—167)
shall be
conducted first and only when that proceeding is fully heard
shall proceedings concerning the enforcement case begin.
This
condition
is imposed because of the different scopes of discovery
applicable
to the two matters.
It shall not be a ground for
objection to discovery that the evidence will not lead to evidence
admissible during the permit appeal proceeding.
4.
All briefs shall be numbered separately (either PCB 79—26 or
PCB 79-167)
and shall address only the one proceeding so numbered.
—2—
IT
IS
SO
ORDERED.
I,
Christan
L.
Moffett, Clerk of the Illinois Pollution
Control Board, hereby
ertify that the above Order was
dopted
on the
~
day of
_______________,
1980 by a vote of
_____
Christan
L.
Mo
~t,
Clerk
Illinois Pollution Control Board