ILLINOIS

POLLUTION CONTROL BOARD

October 25, 1984

ILLINOIS

ENVIRONMENTAL

)

PROTECTION

AGENCY,

)

)

Complainant,

)

PCB 79—145

THE

CELOTEX CORPORATION

and

)

pHIT~1~

CAREY

COMPANY,

)

)

Respondent.

ORDER

OF

THE BOARD

(by B.

Forcade):

On October

11, 1984, Celotex filed a motion to set aside

a

Board

Order entered April

3,

1980.

The Agency responded on

October

18,

1984. On October 24,

1984, Celotex replied.

The

April

3,

1980, Order

found that Celotex had failed to respond to

Discovery ordered by the hearing officer and imposed the sanction

of

precluding Celotex from introducing evidence on those matters

at

hearing.

Celotex sought relief from that Order on April

9,

1980

and

May 6, 1980.

The Board denied relief on May 1,

1980 and

May

29,

1980.

The October 11,

1984, motion by Celotex

is the

third motion to seek relief from the April

3, 1980 Order, this

t:Lme four years later.

The October 18, 1984, motion by Celotex

is denied.

Celotex had the opportunity to provide the discovery when

requested

and the opportunity to provide discovery when ordered

to

do

so by the hearing officer,

Having failed to do so, this

Board

imposed the appropriate response, sanctions against the

admission

of evidence at hearing.

In the more than four years

that have past since then the docket sheet alone shows over eight

pages of filings, and hearing must now be held by December 22,

1984.

To allow inquiry into the previously closed areas of

evidence would further delay this matter and may prejudice the

Agency

as

it

relied on the Board’s Order limiting the scope of

this

matter for

four

years.

IT

IS

SO ORDERED,

I,

Dorothy

M.

Gunn, Clerk of the-Illinois Pollution Control

Board,

hereby certify that the above Order was adopted on the

_________

day of

—

,

1984 by a vote of

.5~

—~

~

~?.

Dorothy M4Gunn,

Clerk

Illinois ~Po1lutionControl Board

80-351