ILLINOIS POLLUTION CONTROL BOARD

March

28, 1977

ENVIRONMENTAL PROTECTION AGENCY,

)

Complainant,

v.

)

PCB 77-37

JOHN DAUBS,

Respondent.

ORDER OF THE BOARD

(by Mr. Young):

Complainant’s Motion to Strike Respondent’s Answer is

hereby denied.

In making this determination the Board has

given considerable weight to the fact that although the

Act does not require

a Respondent

to even file

a written

answer,

Respondent did file his Answer in compliance with

Supreme Court Rule 181(a).

The Board also points out that

the new Procedural Rule 314(a) prohibits any party from

filing a Request for Admission within 21 days after the

Complaint has been filed.

Because

of this ruling,

although

recognizing that the parties may already be at issue as

regards

to several

of the allegations involved herein,

the

Board will allow Respondent an additional

20 days to answer

the Request

for Admission of Facts previously filed herein.

IT

IS SO ORDERED.

Mr. Zeitlin dissented.

I,

Chri~Ljn

1. Moffett,

Clerk of

LJic

I

I 1inoi~.; Pollution

Control Board, hereby certi y the above Order was adopted on

the

Q3”~’

day of

___________________,

1977 by a vote of

~v.-I.

0LL~

(fl~L

Christan L. MoffeW~4ylerk

Illinois Po1lution’~ontrolBoard

25

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