ILLINOIS POLLUTION CONTROL BOARD

July

10, 1980

ILLINOS ENVIRONMENTAL PROTECTION

AGENCY,

Complainant,

v.

)

 PCB 79—145

CELOTEX CORPORATION AND PHILLIP

CAREY COMPANY,

)

Respondents.

ORDER OF THE BOARD

(by

I.

 Goodman):

After careful consideration of the very large number of

pleadings filed in this case thus

 far, the Board feels

constrained to conclude that neither party is prepared to go to

hearing in this matter, which hearing is scheduled for July

25,

1980.

 It appears

 to the Board that the discovery process has

degenerated to bickering and uncooperative attitudes between the

parties.

Since this enforcement case was filed nearly one year ago,

the

Clerk of the Board has docketed the following discovery-related

pleadings on the dates indicated:

1.

 August 30,

1979

—

 “First Motion for Discovery,

 Including

Interrogatories and Production of Documents” filed by

Celotex Corporation

 (Celotex).

—

 “Request For Order”

 (to provide discovery)

 filed by

Celotex.

 “Draft Order”

 (requiring discovery)

 filed by Celotex.

2.

 September 10,

1979

 “Response

in Opposition To Request

For Order and First Motion for Discovery”

 filed by the

Illinois Environmental Protection Agency

 (Agency).

3.

 September 11, 1979

—

 “Celotex Reply to Agency

 ‘Response,

Etc.’”

 filed by Celotex.

4.

 September

13,

1979

—

 “Motion to Strike”

 (the Celotex

response) filed by the Agency.

5.

 October 11,

1979

 “Complainant’s Interrogatories

First Set and Request for Production of Documents” filed

by the Agency.

—2-

October

18,

1979

—

 “Celotex Response to

 ‘Complainant’s

Interrogatories, Etc.’” filed by Celotex.

7.

 October 22, 1979

—

 “Complainant’s Answers and Objections

Respondent’s

First

Motion

for

Discovery

and

Production

Documents”

filed

the

Agency.

November

27,

1979

“Motion

for

Order

Discovery”

filed

the

Agency.

December

1979

“Celotex

Opposition

‘Complainant’s

Motion

for

Order

Discovery’”

filed

Celotex.

—

“Celotex

Supplemental

Response

‘Complainant’s

Interrogatories,

Etc.’”

filed

Celotex.

“Motion

for

Reconsideration

Hearin9

Officer

Order

Dated

 November 26,

 1979”

 (relating to discovery)

 filed

Celotex.

10.

December

1979

“Request

for

Reconsideration,

Answers,

and

Motion

Extend

Discovery”

filed

the

Agency.

11.

December

13,

1979

“Celotex

Opposition

‘Complainant’s

Request

for

Reconsideration,

Etc.’”

filed

Celotex.

12.

December

18,

1979

—

“Celotex

Second

Set

Interrogatories”

filed

Celotex,

13.

March

24,

1980

—

“Motion

for

Sanctions”

filed

the

Agency.

—

“Opposition

Request

for

Order”

filed

the

Agency.

“Complainant’s

Answers

and

Objections”

filed

the

Agency.

—

“Motion

for

Reconsideration”

(of

Hearing

Officer

Order)

the

Agency.

14.

March

25,

1980

—

“Response

‘Complainant’s

Interrogatories,

Etc.’”

filed

Celotex.

15.

March

 31, 1980

—

“Celotex

Opposition

Motion

for

Sanctions”

filed

Celotex.

“Celotex

Objection

Agency

 ‘Motion

for

Reconsideration’”

filed by Celotex.

16. April

8,

1980

—

 “Motion for Reconsideration of Board

Order Adopted April

3,

 1980” filed by Celotex.

17. April

 17, 1980

—

 “Further Reason In Support of Motion

for Reconsideration” filed by Celotex.

18.

 April

 18, 1980

—

 “Petition to Board for Immediate Special

Board

Meeting

Decide

Celotex

Motion

 for Reconsideration”

filed by Celotex.

19. April

21,

1980

—

 “Response in Opposition to Motion for

Reconsideration of Board Order adopted April

3,

 1980”

filed by the Agency.

 “Motion for Leave to File Instanter” filed by Agency.

—3—

20. May

2,

1980

 “Celotex Objection To Agency

 ‘Motion for

Leave to File Instanter’”

 filed by Celotex.

—

 “Respondnet’s Second Set of Interrogatories and Request

for Production of Documents” filed by the Agency.

21. May

5,

1980

—

 “Second Motion for Order of Discovery”

filed

by the Agency.

—

 Celotex Motion of Deposition” filed by Celotex.

—

 “Request for Order” filed by Celotex.

22.

May

6,

1980

—

 “Motion for Special

 Finding Pursuant to

Illinois Supreme Court Rule 304(a)” filed by Celotex.

 “Celotex Motion to Set Aside Board Order Adopted

May

1,

 1980” filed by Celotex.

23. May

9,

1980

—

 “Celotex Opposition to Agency’s

 ‘Second Set

of Interrogatories and Request for Production of Documents’”

filed by Celotex.

24.

May

12,

1980

—

 “Opposition To Request for Order” filed

by the Agency.

—

 “Celotex Opposition to Agency’s

 ‘Second Motion for

Order of Discovery’” filed by Celotex.

25. May

13,

1980

—

 “Renewed Request for Order” filed by

Celotex.

 “Opposition to Motion to Set Aside Board Order Adopted

May

1,

 1980” filed by the Agency.

26. May

14,

1980

 “Opposition to Motion for Special Finding

Purusant to Illinois Supreme Court Rule 304(a)” filed by

the Agency.

27. May

27,

1980

 “Notice of Deposition” filed by the Agency.

—

 “Motion for Leave to File Instanter” filed by the

Agency.

28. June 11,

1980

 “Celotex Response to Agency’s

Second Set of Interrogatories and Request for Production

of Documents’” filed by Celotex.

29.

 June 13,

1980

 “Request for Interlocutory Appeal of

Hearing Officer Order and for Modification Thereof”

filed by the Agency.

 “Complainant’s Supplemental Response to Respondent’s

Interrogatories” filed by the Agency.

 “A Third Motion for Discovery Including Interrogatories

and Production of Documents” filed by Celotex.

 “A Motion for Order of Discovery” filed by Celotex.

 “A Request for Order” filed by Celotex.

30. June 16,

1980

—

 “Celotex Objection to

 ‘Complainant’s

Supplemental Response to Respondent’s Interrogatories’

and Motion to Bar Testimony by Expert Witnesses Named

in Said Response” filed by Celotex.

—4—

31, June 20,

1980

 “A Brief

 in Support of Request for

Interlocutory Appeal” filed by the Agency.

32. June 23,

1980

 “Complainant’s Opposition to ‘Request For

Order’ and to ‘Motion for Order of Discovery’

 (both filed

with

 ‘Third Motion for Discovery

...‘)

 and Motion to

Strike” filed by the Agency.

—

 “Motion for Leave

to

File Instanter”

 filed by Agency.

33. June

24,

1980

—

 “Motion

 to Strike ‘Celotex Objection to

“Complainant’s

 Supplemental Response to Respondent’s

Interrogatories, and Motion to Bar Testimony by Expert

Witnesses Named in Said Response”’” filed by Agency.

34. July

7,

1980

“Celotex

Motion

 to Strike Agency

 ‘Brief’

as Premature” filed by Celotex.

—

 “Celotex Opposition

to Agency

 ‘Request For Interlocutory

Appeal

 of Hearing Officer Order and Modification Thereof’”

filed by Celotex.

35. July

9,

1980

—

 “Celotex Response to ‘Complainant’s

Opposition, etc.’”

 filed by Celotex,

—

 “Celotex Motion to Strike Complaint” filed by Celotex.

—

 “Celotex Opposition to

Agency

 ‘Motion to Strike,

 etc.’”

filed by Celotex.

—

 “Motion to Leave to File Instanter”

 filed by Celotex.

The Board hereby orders the parties

 to present

 to the Hearing

Officer and

 to the Board within 30 days of the date

of this order

statements

 listing what discovery each

party needs to obtain in

order to proceed with hearing and concisely justifying the need

for each request.

 The Hearing Officer will then develop a

discovery schedule as justice demands and will set

a final

hearing date.

Hearing herein is continued and all motions concerning

discovery now before the Board are denied.

IT IS SO ORDERED.

Mr. Werner abstains.

I, Christan L.

 Moffett, Clerk

 of the Illinois Pollution Contfol

Board,

 hereby certify that the

above Order was adopted

 on the

day

of

 1980 by a vote of

L, Moff

Illinois Pollution

 Board