ILLINOIS POLLUTION CONTROL BOARD
September 15,
1982
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
)
Complainant,
)
V.
)
PCB 79—142
)
CITIZENS UTILITIES OF ILLINOIS,
)
)
Respondent.
ORDER OF THE BOARD
(by J.
Anderson):
On September
2,
1982, the Board denied Citizens’ August 13,
1982 motion to dismiss this action.
On September
10, 1982
Citizens’ moved the Board to reconsider its Order,
stating that
the Board had inadvertently ruled before Citizens’ could file a
reply memorandum as provided for in a Hearing Officer Order of
August 25,
1982.
The motion for reconsideration is granted.
The Board has considered Citizens’ August 13,
1982
motion
(filed 27 months after its May
2,
1980 ‘emotion for directed
verdict” and representation of intent to submit a written motion
to the Board were made),
its September 10,
1982 supporting memo-
randum, and the Agency’s August 27,
1982 memorandum in opposition.
The Board reaffirms its September 2,
1982 Order,
Citizens has
presented no case at hearing, yet is essentially arguing that
evidence of what
it
characterizes as “solely technical” violations
is mitigated by various factors.
The Board will not deliberate
the merits of Citizens’ contentions until the hearing record is
closed and final arguments
(if
any) have been presented to it.
IT IS SO ORDERED.
I, ~hristan L,
Moffett, Clerk of
the
Illinois Pollution
Control Board, hereb
certify that the above Order was adopted
on the /~~dayof
_______________,
1982 by a vote of
~
Christan L. Moff~’
Clerk
Illinois Pollution
ontrol Board
48-137