ILLINOIS POLLUTION CONTROL BOARD
April
26, 1979
THE
CELOTEX CORP.,
)
Petitioner,
v.
)
PCB 78—177
ENVIRONMENTAL
PROTECTION AGENCY,
)
Respondent.
ORDER OF THE BOARD
(by Mr. Goodman):
On April
9,
1979,
the Environmental Protection Agency
(Agency) filed a Motion for Sanctions requesting sanctions
against The Celotex Corp.
(Celotex),
The Agency alleged that
Celotex had violated an Order
ot~
the Hearing Officer by not
answering Interrogatories nor producing requested documents.
The Agency also filed
a Motion requesting the Hearing Officer
to close discovery and set a date for hearing.
Celotex filed
an Opposition to Motion for Sanctions
on April
12,
1979,
and
the Agency filed a Motion to Strike Celotex’s Opposition on
April 11,
1979.
On April
17,
1979,
an Order of the Hearing
Officer was filed with the Board.
That Order addresses sev-
eral issues
raised by the parties
in the various pleadings
before us and orders that discovery be closed at 4:00 p.m.
on
April
27, 1979,
Because
a controversy existed as to whether the parties
had fulfilled their obligations under the Hearing Officer’s
January 23,
1979, Order, which controversy has now been re-
solved by the Hearing Officer’s April
17 Order,
the Board
finds that sanctions are not warranted,
The Motion for
Sanc-
tions
is hereby denied.
IT
IS
SO ORDERED,
I, Christan L.
Moffett, Clerk
of the Illinois Pollution
Control Board,
hereby certify the above Order was adopted on
the~I,’~’
day of
~
1979 by a vote of
~
Christan L. Moffet~/J~)1erk
Illinois Pollution control Board
33—389