ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    February
    7,
    1980
    ENVIRONMENTAL
    PROTECTION
    AGENCY,
    )
    )
    Complainant,
    )
    )
    v.
    )
    PCB
    79—5
    )
    CROSSROADS U.S.A., INC., an Iowa
    )
    corporation,
    BROWNE
    BARR,
    CHARLES
    )
    JORDAN,
    DALLAS
    CRANDALL
    and
    LARRY
    )
    W. McCASLAND,
    )
    )
    Respondents.
    ORDER
    OF
    THE
    BOARD
    (by
    Mr.
    Goodmin):
    Respondents’
    January
    25,
    1980
    motion
    to
    continue
    the
    dis-
    covery
    period
    and the hearing for
    three
    months is denied.
    Respondents seek the continuation in order to “depose
    knowledgeable persons” concerning, essentially, whether Central
    States Utility Company, which provides water service and sewage
    treatment facilities to 20 contiguously—located residential
    units and has been negotiating
    with
    Respondent Crossroads, Inc.
    to provide similar services, can indeed at some date provide
    those services to Crossroads.
    Central’s consultant is expected
    to report in January, 1980 on what maintenance is required to
    bring Central’s facility into conformity
    with
    its original
    design specifications.
    Negotiations cannot proceed until Central pays the FDIC the
    approximately $800,000 it owes it, and resolves other problems
    with the FDIC, because Central’s continued existence cannot be
    assured.
    Because of Central’s 1/4—mile proximity to Crossroads,
    its facility is Crossroads’ best alternative to Crossroads’ present
    sewage treatment methodology.
    Respondents seeks continuation
    for the additional reason
    that
    time
    is
    needed
    to
    explore
    other
    alternatives in the event the Central—FDIC problems “cannot be
    concluded soon.”
    This NPDES permit and water pollution enforcement case
    does not depend on the availability to Crossroads of Central’s
    facility.
    Central is not a party to this action, although its
    president was deposed by Respondents.
    Every reason given in
    the Agency’s response objecting to the motion for continuance
    37—307
    —2--
    is relevant to the denial of this motion, as in the reason
    that
    past violations of law cannot be cured by future intentions~
    IT IS
    SO
    ORDERED~
    Mr~Werner Dissents.
    I, Christan L,
    Moffett, Clerk of the Illinois Pollution
    Control
    Board,
    h reb
    certify the above Order was adopted on
    the
    7j~.
    day of
    ________________,
    1980
    by a vote of
    3~/
    Christan
    L,
    Mo fe
    ,
    ler
    Illinois
    Pollution
    ntrol Board
    37—308

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