ILLINOIS POLLUTION CONTROL BOARD

February

7,

1980

ENVIRONMENTAL PROTECTION AGENCY,

)

Complainant,

~

V.

)

PCB 79-70

EDWARD and LYDIA

SANDMAN,

Respondents.

ORDER OF THE BOARD

(by Dr. Satchell)

On January 11,

1980

the

Environmental Protection Agency

(Agency)

filed

a motion for sanctions pursuant to Procedural

Rule 701.

The motion sets forth that June

4, 1979 the Agency

served a request to produce documents and interroqatories

on

Respondents.

On June

26,

1979 and October

15,

1979 the Hearing

Officer ordered Respondents to answer within twenty-eight days.

Respondents have made no response to date either to the discovery

or the motions.

The motion

is

granted.

Respondents are debarred

from filing any pleading relating to or maintaining any claim,

counterclaim,

third party complaint or defense relating to or

offering any witness

to testify concerning the following issues:

1.

Whether or not Respondents own or control the

public

water supply described in the complaint;

2,

The number of hydrants contained in Respondents~

public

water supply system;

3.

The economic reasonableness of Res~ondents~~ub1ic

water supply complying with the provisions of the

Environmental Protection Act and Board Rules promul-

gated thereunder that Respondents are charged with

violating;

4.

The technological feasibility of Respondent~spublic

water supply complying with the provisions of the

Environmental Protection Act and Board Rules promul-

gated thereunder that Respondents are charged with

violating;

37—31

---

—2—

5.

The ability of

Respondents to pay any penalty that

may be imposed by the Board in

this matter,

IT

IS

SO ORDERED,

I, Christan

L,

Moffett, Clerk

of

the Illinois

Pollution

Control1Board, hereby ~cer~tifythe above Order was adopted on

the

11~

day of

1980 by a vote of

‘1-a

Illinois Polluti

Board

3

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