ILLINOIS POLLUTION CONTROL
    BOARD
    February
    3,
    1994
    DEPARTMENT OF THE ARMY,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 92—216
    )
    (Permit Appeal)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by H. Nardulli):
    This matter
    is before the Board on an amended petition filed
    on January
    8,
    1993.
    On February
    24,
    1993, the Environmental
    Protection Agency
    (Agency)
    filed a status report in response to a
    hearing officer directive.
    On August 23,
    1993, the hearing
    officer wrote the Agency attorney as follows:
    At the urging of the Board,
    I have contacted
    ...
    attorney
    for Department of Army)
    .
    ..,
    concerning the status of this
    matter since our last contact back in February.
    At that
    time,
    it was indicated that the Department of the Army would
    submit their new data to you by March 11, and that the
    Agency would review that information.
    Department
    of the Army informs me)
    ...
    that such submittal
    was made and that they have been waiting for the Agency to
    make some manner of evaluation of that data.
    Consequently,
    I would request that you give me an update of
    the Agency’s efforts at this review and some indication as
    to when that review process will be completed.
    The Agency did not respond to the hearing officer’s inquiry.
    On October 12,
    1993,
    the hearing officer issued a formal
    order directing the Agency to submit a status report to both the
    hearing officer and the Board.
    The report was to be received by
    November
    8,
    1993.
    The Agency did not respond to the hearing
    officer’s order.
    Thus, the Agency has not taken any formal
    action on this matter since February 24,
    1993,
    and has ignored
    both an informal and formal hearing officer order for a status
    report.
    35
    Ill. Adm. Code 101.280 provides for the imposition of
    sanctions where a party fails to comply with any order entered by
    a hearing officer.
    Moreover, we note that the appellate court
    has recently reminded this Board that the Board has “broad
    discretion” in determining whether to impose a sanction against
    2
    the Agency.
    (Gricioleit v.
    IEPA
    (May 6,
    1993)
    245 Ill.App.3d 337;
    613 N.E.2d 371).
    Lawful orders issued by Board hearing officers
    are entitled to the same deference as are orders of the Board
    itself; sanctions may be imposed by the Board for violation of
    such orders.
    An intervening Board order which essentially
    repeats or duplicates the hearing officer’s original order should
    not be necessary to secure compliance.
    The Board hereby directs the Agency to file a status report
    with the Board and the hearing officer.
    The Agency shall include
    in the status report an explanation for the Agency’s failure to
    respond to the hearing officer’s inquiry and order.
    Such status
    report shall be received by the hearing officer and the Board on
    or before February 10,
    1994.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, ~ereby certify that the above order was adopted on the
    _________
    day of
    ________________,
    1994, by a vote of
    7
    —
    C
    .
    A~
    /\~/~,AJ
    Dorothy M. G~4hn, Clerk
    Illinois Po~utionControl Board

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