ILLINOIS POLLUTION CONTROL BOARD
September
2,
1982
UNITY VENTURES,
)
Petitioner,
)
)
PCB 80—175
ILLINOIS ENVIRONMENTAL PROTECTION
)
AGENCY,
Respondent~
ORDER OF THE BOARD
(by
I. G~
Goodman):
On August 20,
1982 the Illinois Environmental Protection
Agency
(Agency) requested leave to file and filed a Motion to
Strike Unity Ventures’
(Unity) Response to Request for Admission
of Facts.
Unity filed a Response on August 31,
1982.
The Agency’s
Motion for Leave to File
is granted.
With its motion the Agency seeks to have Unity’s Response to
the Request for Admission stricken, and the facts listed therein
admitted.
The Agency fails to allege what hardship or prejudice
was suffered as a result of Unity~snot filing within the time
allowed by Procedural
Rule 314(c).
The
only prejudice evident
to the Board is that
the ninety~-day
decision period
was
to have
expired August 25,
1982 pursuant to
the June
10,
1982 Board Order,
which was only fifteen days after Unity~sResponse was due
according to
the hearing officer’s order,
The
Board finds that
Unity’s request for additional time constituted a pro tanto waiver
of the ninety—day decision period.
Furthermore,
Unity has since
formally waived the decision until December 31,
1982,
Inasmuch as
the hearing officer allowed the additional time and no resulting
prejudice was alleged
or determined,
the Agency’s Motion to Strike
the Responses as untimely
is denied.
The Agency further requests that the denials contained in
Unity’s Response which were not accompanied with an affidavit be
stricken, and therefore be admitted.
The Board
finds that
rio
prejudice will result if Unity
is allowed to correct this defect,
Therefore, Unity is ordered to
submit affidavits,
as appropriate,
within ten days of this Order.
48-65
Lastly, the Agency argues th&
the allegations set out in
those requests
which
Unity
objected
t
,
allej’ng
that
they
require
conclusions of law,
should
be
admitted
Pursdant
to
Procedural
Rule 314(c),
the
Board
refers
this
portion
of
the
motion
to its
hearing officer
in
this
mattes
IT IS
SO
ORDERED~
I, Christan
L,
Moffet,
Clerk
of
the
Illinois
Pollution
Control
Board, hereby
certify
that
the
above Orcer was ~opted
on the
~
day
of
1982
by a vote of
~O
C~lerk
IlFnois Pollutio
ontrol Board
4S~66