ILLINOIS
    POLLUTION CONTROL BOARD
    November
    8,
    1984
    ILLINOIS
    ENVIRONMENTAL
    )
    pROTECTION
    AGENCY,
    Complainant,
    )
    v.
    )
    PCB 79—145
    cEbcTEX
    CORPORATION
    and
    )
    pHILIP
    CAREY
    COMPANY,
    )
    )
    Respondents.
    ORDER
    OF THE BOARD
    (by B. Forcade):
    On October 30,
    1984, Celotex filed a motion seeking
    a Board
    ruling on certain motions pending before the hearing officer or
    in the alternative leave to appeal the hearing officer’s ruling.
    On November
    2,
    1984,
    the Agency responded in opposition to that
    motion.
    On November
    5,
    Celotex filed a reply and supplement to
    its original motion.
    On November 5, the Agency responded.
    Celotex3s October 30 motion is denied.
    Pursuant to 35 Ill. Adm, Code Part 103, Subparts U and F,
    the hearing officer has all necessary authority to rule on
    discovery issues.
    Unless a matter
    is referred to the Board by
    the hearing officer pursuant to Sl03.140(f), the Board will
    er~t~rtain
    interlocutory appeals
    from hearing officer actions on
    discovery
    motions
    only
    in
    unusual
    circumstances.
    Celotex
    presents
    no
    such
    circumstances.
    Celotexvs assertion that the Agency will respond to
    discovery
    only
    upon
    Order
    (Celotex
    Motion,
    ~5), is specifically
    refuted
    by the Agency (Agency response, ¶2).
    The hearing
    officer~sOctober 30,
    1984, seven page discovery Order adequately
    addresses the pending Celotex motions.
    The
    Board rejects as frivolous Celotex’s request that this
    Board edit certain portions of the October 30 hearing officer
    Order to delete language which Celotex claims to be speculative
    and
    inappropriate,
    IT
    IS SO ORDERED.
    81-01
    2
    I,
    Dorothy
    M. Gunn, Clerk of the Illinois Pollution Control
    Board,
    hereby certify that the above Order was adopted on the
    j~c~
    day
    of
    ~
    1984 by a vote of
    ,~
    Dorothy M~T~unn,Clerk
    Illinois Pollution Control Board
    61-02

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