ILLINOIS POLLUTION CONTROL BOARD
April
27,
1989
IN THE MATTER OF:
JAMES ESAREY,
)
AC 88—90
(IEPP. Case No.
9212~-AC)
Respondent.
INTERIM ORDER OF THE BOARD
(by J. Marlin):
On October
31, 1988, James Esarey
(“Esarey”)
filed
a
petition for review of
an administrative citation issued by the
Illinois Environmental Protection agency
(~‘Agency”) on October
12,
1988.
On February 24,
1989,
the Board received the
transcript
for
the second
and final hearing held on February
3,
1989
in this matter.
Pursuant to the hearing officer’s briefing
schedule,
the Agency was required
to submit
its brief
21 days
after receiving the transcript from the Board and Esarey was
required
to submit
a brief 21 days thereafter.
To date,
no briefs have been submitted and
no motions have
been filed.
Since
the
21 day deadline
to submit
the brief has
passed,
the Board,
on its own motion,
hereby orders
that the
Agency submit brief by May 8,
1989 or be subject
to sanctions,
including dismissal
of this case.
IT
IS SO ORDERED.
I,
Dorothy M.
Gunn, Clerk
of the Illinois Pollution Control
Board, hereby certif
that, the above Interim Order was adopted on
the ~7~day
of
_____________,
1989,
by
a vote
of
7~
Ii
ion Control Board
98—321