ILLINOIS POLLUTION CONTROL BOARD

November 10,

1977

ENVIRONMENTAL PROTECTION AGENCY,

)

Complainant,

v.

)

PCB 75—112

THE METROPOLITAN SANITARY DISTRICT

OF GREATER CHICAGO,

Respondent.

INTERIM ORDER OF THE BOARD

(by Mr. Dumelle):

On October 25, 1977 the Complainant and the Respondent

requested an interlocutory appeal of

a ruling by the Hearing

Officer in this case.

Since the ruling in question could

prejudice the rights of both parties to state their positions

in an orderly fashion the Board hereby accepts this appeal.

The Hearing Officer ruled that Complainant could not

present any future citizen testimony on the occurrence or

non—occurrence of odors unless this testimony deviated sub-

stantially from prior testimony.

The Complainant feels that it cannot adequately state its

position without presenting a significant number of witnesses

and that the Hearing Officer has exceeded his discretion

in

controlling the conduct of this hearing.

Complainant points

out that it is probably shortening these proceedings by calling

citizen witnesses as a part of its case in chief instead of

having them testify as interested individuals.

The Respondent feels that the Hearing Officer should be

reversed because his ruling prejudices

its position.

Respondent

also contends that

the

Hearing Officer exceeded his authority

and acted illegally.

While the Hearing Officer should be commended for his

efforts towards a speedy resolution,

his ruling must be and is

hereby reversed.

The Complainant cannot be prevented from

proving its case and the Respondent cannot be denied its oppor-

tunity to challenge that proof.

The Board recognizes the

significant expense incurred to date in this cause and urges

the parties to shorten the proceedings wherever possible con-

sistent with justice.

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The record shows ~me

dispute as

to potential economy

or efficiency from the use of written direct testimony.

The

Hearing Officer~sdiscretionary

authority to reject this al-

ternative

is hereby affirmed.

IT IS SO ORDERED.

Mr. James Young abstained.

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board,

hereby certify the above Interim Order was

adopted

on the

_______

day of

___________

i977by a

vote of 4-0.

Christan L. Moffe

,

lerE

Illinois Pollution

ntrol Board

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