ILLINOIS
POLLUTION CONTROL BOARD
February 15,
1996
WEST SUBURBAN RECYCLING
)
AND
ENERGY CENTER, L.P.,
)
)
Petitioner,
)
)
v.
)
PCB95-119,95-125
)
(Permit Appeal
-
Land & Air)
)
Consolidated
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
ORDER OF THE BOARD (by R.C. Flemal):
On February 6,
1996 West Suburban Recycling and Energy Center,
L.P. (West Suburban)
filed an Appeal From the Hearing Officer’s flecision Granting the Agency’s Request for a
Protective Order Denying West Suburban the Opportunity to Depose Mary (lade. On February
14,
1996, the Agency filed an Objection to West Suburban’s Appeal.
After careful consideration
of West Suburban’s arguments, the Board finds no compelling reason to overrulethe hearing
officer’s decision.
The Boardhereby denies West Suburban’s appeal and affirms the hearing
officer’s decision dated February
1, 1996 granting the Agency’s request for aprotective order
denying West Suburban the opportunity to depose Director Mary (jade.
On February
13,
1996 West Suburban filed an Appeal from the Hearing Officer’s
February 6, 1996 Order Granting the Agency’s Request for aProtective Order Denying West
Suburban the Opportunity to Depose Deputy Director Bernard
Killian.
The Board sees no need
to wait for areply from the Agency.
The Board finds no
persuasive
arguments within
petitioner’s motion to overrulethe hearing officer’s order.
The Board hereby denies West
Suburban’s appeal and affirms the hearing officer’s grant of protective order denying West
Suburban the opportunity to
depose Deputy Director Bernard Killian.
IT IS
SO ORDERED.
I, Dorothy M. 0mm, Clerk of the Illinois P?iJ,lution Control Board, hereby eertiI~
that the
above order was adopted on the
~
day of
9~e-Ste~e#t1j~--
,l996, by a vote of
(~
Dorothy M. 9’yhn, Clerk
Illinois Polhlti’on Control Board