ILLINOIS POLLUTION CONTROL BOARD
October 4,
1979
ENVIRONMENTAL PROTECTION AGENCY,
Complainant,
PCB 78—153
JACK CARLSTROM,
d/b/a LOCKPORT
TRUCKING COMPANY,
Respondent.
ORDER OF THE BOARD
(by Dr. Satchell):
On August 30,
1979 Respondent Jack Carlstrom
(Carlstrom)
filed a motion for stay of the Board’s Order of June 22,
1979
pending appeal.
The Environmental Protection Agency
(Agency)
filed a motion in opposition and memorandum on September 6,
1979 and September 17,
1979.
On September 18,
1979 Carlstrom
filed a motion for an additional twenty—eight days to file a
memorandum
in support of his motion.
Procedural Rule 308(c)
provides
for a response to motions, but the moving party has
no right to reply except as permitted by the Hearing Officer
or Board.
In a motion to stay, time
is the issue.
It would
be difficult to grant Respondent another twenty-eight days
without granting the motion to stay.
Therefore,
the motion
for leave to file a memorandum is denied.
On June 22,
1979 the Board entered a final Order in this
landfill enforcement case which among other things ordered
Caristrom’s supplemental permits covering certain chemical
wastes revoked thirty days from that date.
In a motion re-
questing reconsideration of this
part of the Order, Carlstrom
set forth attachments purporting to show that the drainage
situation at the landfill had been corrected and that Agency
inspectors had found the operation in compliance in recent
months.
On August 9,
1979 the Board denied this motion follow-
ing the Agency~sresponse in opposition.
The motion for leave to file a reply memorandum is denied.
The penalty provided by paragraph six of the Order of June 22,
1979
is stayed pending appeal.
The revocation of permits pro-
vided by paragraph five of that Order shall take effect thirty
days from the date of this Order.
Otherwise the motion to stay
is denied.
IT IS SO ORDERED.
35—443
—2—
I, Christan
L. Moffett, Clerk of the Illinois Pollution
Control Board, hereby certi1fy that the above Order was adopted
on the
~
day of
~
,
1979 by a vote of
‘/—c~
~htanL.M1~~k
Illinois Pollutio
ontrol Board
35—444