ILLINOIS POLLUTION CONTROL BOARD
    October
    1,
    1992
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Complainant
    )
    )
    v.
    )
    PCB 90—89
    )
    (Enforcement)
    FRED
    JOHNSON,
    )
    (Consolidated)
    JOHNSON
    &
    BRIGGS
    TANK
    TRUCK
    )
    SERVICE,
    a/k/a JOHNSON
    &
    )
    BRIGGS
    TANK
    TRUCK
    &
    HEATER
    )
    SERVICE,
    )
    )
    Respondent.
    ILLINOIS
    ENVIRONMENTAL
    )
    PROTECTION
    AGENCY,
    )
    )
    Complainant,
    )
    v.
    )
    PCB
    91—123
    )
    (Enforcement)
    HERMAN
    L.
    LOEB,
    )
    (Consolidated)
    )
    Respondent.
    ORDER
    OF THE
    BOARD
    (by J.
    C. Marlin):
    This matter comes before the Board on its own
    motion.
    These
    actions
    were
    initiated with the Board on May 1,
    1990.
    On May 7,
    1992, the Board entered an Order directing the hearing officer to
    schedule hearings in this matter by August 30, 1992 and to set a
    post—hearing schedule if necessary.
    The Board further stated
    that failure to comply with the schedule might render the case
    subject
    to
    dismissal
    for
    want
    of
    prosecution.
    On August 14,
    1992, the hearing officer informed the Board
    that the Agency planned to dismiss Respondent Briggs and bad
    settled with Respondent Johnson;
    thus, the hearing officer
    canceled the previously scheduled hearings (hearing officer
    letter of August 12,
    1992).
    No further filings have been made in
    this case since that time.
    The Board notes with concern the substantial delays in the
    proceedings which have taken place in this case.
    In addition,
    the Board notes that the hearing officer letter of August
    14,
    1992 did not mention what,
    if
    any, action is to be taken with
    respect to Respondent Loeb.
    0136-0205
    The Agency is hereby ordered to file with the Board a
    stipulation and/or motion for dismissal with respect to
    Respondents Johnson and Briggs.
    The Agency is also ordered to
    file a report with the Board explaining the status of the case
    against Respondent Loeb,
    and a time frame for projected future
    actions in the case.
    These filings are due no later than October
    30,
    1992.
    Failure to file will render
    this
    proceeding subject to
    dismissal for want of prosecution.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify t~t
    above order was adopted on the
    /X14.
    day of
    _______________________,
    1992, by a vote of
    Control Board
    0
    I 36-0206

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