ILLINOIS POLLUTION CONTROL BOARD
November
3,
1983
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
)
Complainant.
v.
)
PCB 82—154
CITY OF MOLINE,
Respondent.
ORDER OF THE BOARD
(by J.
Anderson):
On October 14,
1983, the Attorney General, on behalf of the
Agency, moved
for interlocutory review of Hearing Officer Orders
1) granting Respondent’s late—filed discovery requests designed
to probe the dealings between the Agency and the City during a
period of alleged non-compliance prior to the filing of this
action,
2) denying the Agency’s motion
in limine concerning evi-
dence relating to a state-funded grant to address sludge—handling
deficiencies at the City’s treatment plant,
and 3) the Hearing
Officer’s denial of the Agency’s motion that each of these motions
be referred to the Board for its determination
of these matters.
The motion for interlocutory appeal
is granted.
The Hearing
Officer acted quite properly
in handling each of these matters
himself.
The Board affirms the denial
of the motion in limine,
agreeing with the Agency that its advisement of availability of
a grant does not constitute a defense to a finding of violation;
but, as the City also correctly notes information concerning its
grant application is relevant to the issue
of good faith in
efforts towards compliance.
The Hearing Officer’s Order allowing late discovery relating
to dealings between the Agency and the City in the period between
the alleged non-compliance and the filing of this action is
reversed.
Any product of the requested discovery would be
irrelevant to the Board’s finding of compliance or non—compliance,
and questions as to when and how the Agency and/or the Attorney
General choose to take enforcement action would also be irrelevant.
This Order should not, however, be construed as limiting the
City’s ability to present mitigating evidence that
it has worked
“hand-in-hand
with
the Agency
to attempt to resolve any problems
that may have existed”
(City’s Response at p.
2).
IT
IS SO ORDERED.
54-285
I,
Christan
L.
Moffett,
Clerk of the Illinois Pollution
Control B?~3~dlhereby certify that the above Order was adopted
on the
3
day of
______________,
1983 by a vote
of
_____
Christan L. Mo~fdt~jc~lerk
Illinois Pollution Control Board