ILLINOIS

POLLUTION

CONTROL BOARD

November ~O, 1977

PEOPLE OF THE

STATE

OF ILLINOIS

and ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Complainants,

v.

)

PCB 76—310

PCB 77—44

INTERLAXE,

INC.,

a Delaware

corporation,

Respondent

ORDER OF THE BOARD

(by Mr.

Young):

On October

11,

1977, the Ennironmental Protection Agency

filed the Recommendation of the Agency in response to Interlake’s

Amended Counterclaim for Variance filed on March

11,

1977,

in

PCB

77-44.

A Response and Motion to Strike the Recommendation

was filed by Respondent on October

24, 1977;

a Motion to Strike

the Response and Motion to Strike Recommendation was filed by

Complainants on October

31,

1977, and an Answer to that Motion

was filed November

8,

1977, by Respondent.

The issues addressed by the Recommendation and the

subsequent

Motions

can

best

be

resolved

on

consideration

of

evidentiary

facts

adduced

at an early

hearing.

The

Hearing Officer is directed

to set a date within

21 days of this Order for hearings to com-

mence within

60 days~ Respondent’s Motion to Strike is hereby denied~

IT IS SO ORDERED.

I,

Christan

L.

MoffeLt, Clerk of the Illinois Pollution

Control

Board,

hereby

cert~fy

the

above Order was adopted9n

thej~j~dayof~~,

1977byavoteof~S)~

Christen L. Moffet~L5lerk

Illinois Pollution LC~ntro1Board

28-141