ILLINOIS POLLUTION CONTROL BOARD

October 30,

1980

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

PCB 79-215

JOHN POPP

AND

G.

E.

LOGAN,

Respondents.

ORDER OF THE BOARD

(by D.

Satchell):

On October

8, 1980 the Environmental Protection Agency

(Agency)

filed a motion for sanctions against Respondent, John

Popp in connection with this enforcement action which involves

allegations of violations of Sections

12(a)

and 12(d)

of the

Environmental Protection Act

(Act)

and Rule 203(a)

of Chapter

3:

Water Pollution.

On January

8, 1980 the Agency filed its

first

set of interrogatories and request for production of documents.

On February 21,

1980 the Rearing Officer entered an Order direct-

ing John Popp to respond within ten days.

The motion states that

the Agency through correspondence two times asked John Popp to

respond to the discovery,

and that to date there has been no re-

sponse.

The Agency states that it has been substantially and

materially prejudiced by Respondent’s failure to comply with the

discovery.

Respondent has filed no response to the Agency’s

motion for sanctions.

The Board finds, pursuant to Procedural Rule 701(c), that

Respondent has

unreasonably refused to comply with the Hearing

Officer’s Order.

Respondent John Popp is debarred from filing any

pleading relating to;

or, maintaining any claim,

counterclaim,

third party complaint or defense relating to; or, offering any

witness from testifying or other evidence concerning the following:

a.

The ownership of the livestock management facility

described in the complaint and Exhibit B, inter-

rogatory 4; or,

b.

The provision by Respondent John Popp of diversions,

dikes, walls or curbs

to control surface runoff

through the hog feedlot area of the livestock manage-

ment facility; or,

c.

Provision by Respondent John Popp of protection

against Little Rock Creek flooding the livestock

management facility;

or,

---

—2--

d.

The financial ability of Respondent John Popp to

pay any penalty which may be imposed by the Board.

IT IS SO ORDERED.

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

Control Board, hereby

ertify that the above Order was adqpted on

the

~1~’

day of

______________,

1980 by a vote of

~

Christan L. Moff

Clerk

Illinois Pollution

ontrol Board