ILLINOIS
POLLUTION CONTROL
BOARD
August
21,
1980
THE CELOTEX CORPORATION,
Petitioner,
v.
)
PCB 78—177
ILLINOIS ENVIRONMENTAL PROTECTION
)
AGENCY,
Respondent.
ORDER OF THE BOARD
(by
I. Goodman):
Petitioner on July
2,
1980 filed this motion to allow appeal
of the hearing officer’s Orders of November
20,
1979 and December
10,
1979.
On July 10,
1980 the Board allowed the appeal.
The
orders are hereby affirmed.
Petitioner specifically seeks to overturn two of the hearing
officer’s discovery—related Orders.
The first, dated November
20,
1979,
regulated the course of discovery and ordered that
certain discovery and responses thereto conclude by given dates.
Such Order was issued in response to
a motion by Respondent to
close discovery and to set a hearing date.
The Board finds that
whatever material prejudice to Petitioner which could have arisen
from the Order closing discovery and setting
a hearing date was
waived knowingly and voluntarily by Petitioner when six days later
(November 26,
1979)
it complied with that very Order without appeal-
ing same to the Board pursuant to Procedural Rule 308(f).
On November 26,
1979 Petitioner also filed a motion to
compel
certain Agency witnesses to answer questions posed at
depositions and to compel Agency witness Zamco to appear at and
submit to a deposition.
The hearing officer on December 10,
1979 denied this motion, and Petitioner now appeals his rulings
pursuant to Procedural Rule 308(f).
All rulings are affirmed.
Applicable discovery—related standards have not changed since
the Board’s Order of July
7,
1979 affirming the hearing officer’s
original May 17,
1979 rulings.
Specifically:
1.
The ruling denying Petitioner’s motion “to compel Agency
witnesses King, Telford and Miller
to answer
the
deposition
questions identified in Appendix
I hereto,
and other related
questions,” and “to compel Agency witness Zamco
to submit to the
taking of his deposition”
is affirmed.
(Hearing Officer Order of
December 10,
1979, Paragraph 1.)
These depositions were taken on
April 23,
1979.
Although Petitioner filed
a motion on April 26,
1979 to compel answers
to questions posed at that deposition,
this motion was denied by the hearing officer on May
17,
1979,
which Order was on July
7,
1979 affirmed by the Board.