ILLINOIS POLLUTION CONTROL BOARD
    November 8,
    1990
    PEOPLE OF THE STATE OF ILLINOIS,
    )
    Complainant,
    )
    V.
    )
    PCB 90-61
    (Enforcement)
    )
    DURACO,
    INC.,
    a Delaware
    )
    Corporation,
    )
    Respondent.
    ORDER OF THE BOARD
    (by J.
    C. Marlin):
    This matter is before the Board on Respondent Duraco,
    Inc.’s
    Motion
    to
    Stay Hearing
    filed October
    12,
    1990.
    The motion was
    directed to the Board.
    The motion requests a stay of the hearing
    scheduled in this matter for November 14, 1990 “in order to permit
    settlement negotiations to be concluded.”
    Respondent also requests
    additional time in which to file an Answer to the Complaint.
    The Board has allowed stay of hearing in matters where both
    parties
    have
    asserted
    that
    matters
    will
    be
    settled
    and
    have
    presented the Board with a firm date for their completion or have
    submitted a draft, unexecuted stipulation of settlement.
    However,
    Duraco requests the Board stay this matter because the two sides
    “remain
    optimistic
    that
    a
    settlement
    can
    be
    reached.”
    This
    optimism
    stems
    from
    an
    “amiable
    and
    frank”
    discussion
    with
    representatives
    of Complainant held August
    21,
    1990.
    Given
    the
    amount of time that has elapsed since the August 21, meeting, and
    the fact that no result has come of it, the Board is curious as to
    the source of respondent’s optimism.
    The Board considers these
    vague hopes an insufficient reason to delay the prosecution of this
    action.
    The Board also notes that two hearings have previously
    been set and cancelled in this matter.
    The motion to stay hearing
    is therefore denied.
    The motion
    for extension of time to file an Answer
    is
    also
    denied.
    Respondent presents no reason to support its request that
    the filing of its Answer be delayed until 30 days prior to hearing.
    The Board notes that this is the third time a motion to extend the
    time for filing an Answer has been presented to the Board.
    Duraco,
    Inc.
    is hereby ordered to file its Answer within 14 days.
    The motion
    filed
    by Duraco,
    Inc.
    relating to discovery
    is
    hereby referred to the Hearing Officer for disposition.
    IT IS SO ORDERED.
    116—21
    I,
    Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    hereby certify that the above Order was adopted on the
    day of ________________________,
    1990 by a vote
    of
    -
    U
    Dorothy N.
    Illinois
    .erk
    Control Board
    116—2 2

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