ILLINOIS POLLUTION CONTROL BOARD
    May 28,
    1981
    ALBURN,
    INC.
    Petitioner,
    v.
    )
    PCB 80—189
    80—190
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by J. Anderson)
    This Order disposes of the discovery—related motions now
    pending before the Board
    in these consolidated actions.
    These
    motions and responses begin with the Agency’s May
    8,
    1981 Motion
    for Sanctions for failure
    to respond to the Hearing Officer’s
    discovery Order of April
    8,
    1981, which directed that inter—
    rogatories be answered pursuant to an Agency motion to compel.
    Album
    filed its Response May
    14,
    1981; on May
    15 the Agency
    moved for leave to file a Reply thereto instanter,
    which motion
    is granted.
    On May
    14,
    the Agency requested that the Board call a
    special meeting to decide the motion for sanctions, premised
    on the need for a Board decision prior to the scheduled hearing
    date of May
    26,
    1981.
    The need for a special Board decision
    was eliminated by the Hearing Officer’s decision, over strenuous
    Agency objection,
    to continue the hearing until June
    9,
    1981.
    The May
    14,
    1981 motion
    is therefore moot,
    and is denied.
    Finally,
    on May
    20,
    1981 Album
    moved to strike the above
    listed Agency pleadings,
    as well
    as a May
    19,
    1981 Agency
    pleading to the Hearing Officer in Opposition to Continuance
    of Hearing and Request to Reinstate Rescheduled Hearing Date.
    The Agency filed its Reply May 26,
    1981.
    The Agency’s Motion for Sanctions and Album’s Motion to
    Strike are denied.
    As Album
    had moved on April
    22,
    1981 for
    additional
    time in which to comply with the Hearing Officer’s
    April
    8,
    1981 discovery order,
    sanctions are not deemed to be
    warranted at this time.
    The Board is, however, persuaded by
    the
    Agency’s various pleadings that resolution of this appeal must
    not be further delayed.
    Further, Album’s delay is especially
    troubling in light of the Board’s stay of conditions of the
    contested permit, based on Album’s allegations of irreparable
    economic harm.
    (The Agency’s May
    22,
    1981 Motion to Lift Stay
    is still unripe for decision.)
    41—477
    2
    Hearing in this action shall be scheduled and held on or
    before June
    19,
    1981.
    This hearing date shall
    not be further
    continued by the Hearing Officer.
    Leave is given the Agency to
    reinstate its Motion fom Sanctions in the event that the requeste1
    discovery
    is not timely produced.
    IT
    IS SO ORDERED.
    I,
    Christan L.
    Moffett, Clemk of the Illinois Pollution
    Control Boa~d,hereby certify that the above Order was adopted
    on the
    ~
    day of
    TY)
    ~
    ,
    1981 by
    a vote of
    4
    L
    C
    Illinois Pollutioi~
    1 Board
    41—478

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