ILLINOES
    POLLUTION CONTROL BOARD
    May
    29,
    1980
    1,LINOI.S
    ENVIRONMENTAL
    PROTECTION
    AGENCY
    ,
    Complainant,
    v.
    )
    PCB
    79—145
    TUE
    CELOTEX
    CORPORAT ION
    a
    rid
    P11
    1 L~
    11 P CAREY
    COMPANY,
    Respondents.
    ORDER
    OF
    THE
    BOARD
    (by
    I.
    Goodnan):
    Celotex
    Corporation’s
    May
    6,
    1980
    Motion
    to
    Set
    Aside
    Board Order
    Adopted
    May
    1,
    1980 is denied.
    Service of Complainant’s motion and notice of motion
    was duly made on April
    21,
    1980.
    Pursuant to Procedural
    Rule 305(c),
    service
    is presumed
    to have been completed
    on or before April
    25,
    1980.
    Procedural
    Rule 308(c)
    allows Celotex
    7 days from the date of service within
    which
    to respond to Complainantts
    motion.
    Because the
    date of service
    is not pleaded, Celotex’ motion presents
    no controversy.
    It
    is possible
    that
    service on Celotex
    was
    completed
    on
    April
    22,
    1980.
    As Celotex’
    motion herein
    “goes
    not
    to
    the
    merits
    of
    the
    Board’s
    grant
    of
    the Agency
    Motion,
    but
    to
    the
    improper
    procedure
    used
    by
    the
    Board”
    (Paragraph
    6),
    and
    since
    Celotex’
    motion
    pleads
    no
    facts
    supporting
    an inference of irreparable harm were
    the Board’s
    order not set aside
    (see Paragraph
    8), the Board denies
    Celotex’ motion.
    Nevertheless,
    the
    Board
    sua
    ~p~nte
    has
    reviewed
    its
    order
    of May
    1,
    1980
    in
    light
    of
    both
    Complainant’s
    motion and Respondent Celotex’ objection of May
    1,
    1980.
    The Board
    finds
    the facts
    to
    be
    in accordance
    with those
    found
    on May
    1,
    1980 and therefore reaffirms the Order
    entered May
    1,
    1980.
    Respondent
    Celotex
    is
    admonished
    to proceed
    expeditiously according
    to the Order entered May
    1,
    1980.
    IT
    IS
    SO
    ORDERED.
    Mr.
    Werner abstains.
    I,
    Christan L.
    Moffett, Clerk
    of
    the Illinois Pollution
    Control
    Board,
    hereby
    certify
    that
    the
    above
    Order
    was
    adopted
    on
    the
    ~
    day of
    ~
    1980
    by
    a
    vote
    of
    3-~
    ~sJ~r~
    JJd~
    Christan
    L.
    Md~~t,
    Clerk
    of
    the
    Board

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