ILLINOIS POLLUTION CONTROL BOARD
April 20,
1995
INTERNATIONAL UNION,
UNITED
)
AUTOMOBILE, AEROSPACE AND
)
AGRICULTURAL IMPLEMENT WORKERS
)
OF AMERICA
AND
UAW LOCAL 974;
)
AND CITIZENS FOR A BETTER
)
ENVIRONMENT,
)
Complainants,
)
V.
CATERPILLAR INC.,
)
PCB 94—240
(Enforcement—Land,Water)
Respondent,
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Party-in—Interest.
ORDER OF THE BOARD
(by C.A. Manning):
This matter is before the Board pursuant to two motions. The
first is a motion filed by the complainants on April
5,
1995
asking that the Board strike an investigative report filed by the
Agency on March 27,
1995.
The second motion was filed by the
complainants on April
13,
1995 and seeks clarification of the
Board’s April
6,
1995 order denying the complainants access to
Caterpillar’s facility to conduct a site inspection.
Complainants’ Motion to Strike the Agency’s Section 30 Report
The complainants have asked that the Board strike,
in its
entirety, the Agency’s Section 30 investigation report which was
filed at the request of the Board on March 27,
1995,
and order a
new investigation.
In support,
the complainants cite a litany of
deficiencies with the manner in which the investigation was
conducted,
and insufficiencies with the information provided the
Board.
Caterpillar filed
a response on April
10,
1995 and with
leave of the Board,
the Agency filed a response on April 14,
1995.
The motion to strike is denied.
The Agency conducted an
investigation of the alleged violations
in the complaint at the
request of the Board pursuant to Section
30 of the Environmental
Protection Act.
(415 ILCS 5/30.)
Therefore, any information
that the Agency now provides in that report is properly before
the Board.
To the extent that the complainants believe the
report to be insufficient, the hearing officer has entered an
2
order setting forth an agreement between all parties involved
that persons from the Agency responsible for compiling the report
would appear at the hearing and be available for questioning on
those matters presented in the report.
(January 4,
1995 Hearing
Officer Report at 2.)
Complainants’ Motion for Clarification and Reconsideration of the
Board’s April
6,
1995 Order
The second motion is complainants’ motion for clarification
and reconsideration of the Board’s order of April
6,
1995 denying
the complainants access to the Caterpillar site to conduct a site
inspection.
Caterpillar filed a response on April
19,
1995.
The complainants’ motion for clarification and
reconsideration is denied.
IT IS SO ORDERED.
I Dorothy M.
Gunn,
Clerk of the Illinois Pollution Control
Boar~hereby certify tha~tthe above order was adopted on the
~
day of
__________________,
1995, by a vote of
_________
-~~/1/
/2~
Dorothy M. 4inn,Clerk
Illinois l3bjlution Control Board