ILLINOIS POLLUTION CONTROL BOARD
May
20,
1976
ENVIRONMENTAL PROTECTION AGENCY,
Complainant,
v.
)
PCB 76-65
NOBLE
& GENEVA STARNES,
Respondents.
ORDER OF THE BOARD
(by Mr.
Goodman):
On April
22,
1976,
Complainant, Environmental Protection Agency
(Agency),
filed a Motion for Interlocutory Appeal.
On May 11,
1976,
the Board received Respondents’
Response to Motion for Interlocutory
Appeal.
On May 11,
1976,
the Board received a Motion for Interlocu-
tory Appeal filed by Respondents.
On May 10,
1976,
the Board received
Complainant’s Objection to Motion for Interlocutory Appeal.
The Motions for Interlocutory Appeal
filed by Complainant and
Respondents are hereby granted.
The Interlocutory Appeals shall be
consolidated for purposes of briefing by the parties and Board con-
sideration.
The parties shall submit briefs within
30 days of the
date of this Order on the following questions raised in the respect-
ive Motions:
1.
Whether the Hearing Officer erred by striking most
of Complainant’s Requests for Admission of Facts;
2.
Whether the Hearing Officer erred
in ruling on
Respondents’
Objections
to Interrogatories
and Motion to
Strike without allowing Complainant the time to respond
as provided in Procedural
Rule 308(c);
3.
Whether the Hearing Officer erred in striking certain of
Complainant’
S
Interrogatories;
21—473
—2—
4.
Whether the Hearing Officer erred in overruling several
of Respondents’
Objections
to Complainant’s Interrogatories.
IT IS SO ORDERED.
Mr. Young abstained.
I, Christan
L. Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify
the above Order was adopted on the
___________day
of
,
1976 by a vote of
i-o
Illinois Pollution C
1 Board
21—474