ILLINOIS
    POLILJLJTION CONTROL BOARD
    April
    12,
    1990
    THOMAS
    S.
    FREDETTE,
    )
    Complainant,
    v.
    )
    PCB 89-61
    (Enforcement)
    VILLAGE OF BEECHER,
    Respondent.
    ORDER OF THE BOARD
    (by J.
    Marlin):
    This matter
    is before the Board on Respondent Village of
    Beecher’s Motion to Vacate the Board’s default Order of March
    22,
    1990.
    Complainant Thomas
    S.
    Fredette filed his Response
    to
    Motion
    to Vacate with the Board on April
    2,
    1990.
    For reasons
    expressed below, Respondent’s Motion
    is denied.
    The Board’s Order
    of March
    22,
    1990 imposed default as the
    appropriate remedy for Respondent’s repeated violations
    of
    discovery deadlines set forth
    in Hearing Officer orders
    in this
    case.
    Prior to imposing that sanction,
    the Board warned
    in its
    February
    8,
    1990 Order
    that violation of Hearing Officer orders
    was considered a serious matter.
    The Respondent now requests
    relief
    from our Order which granted the Complainant
    a judgment of
    default.
    The Respondent states
    as grounds for relief that “due to
    voluminous nature of
    discovery
    requests” more time
    is needed
    to
    comply with the Hearing Officer
    orders.
    The Village of Beecher
    (“Village”) also alleges that
    the Village was working toward
    remedying the complained—of problem and that the Village
    possesses a meritorious defense
    to the charge.”
    The Board outlined the history of Respondent’s repeated
    violations of Hearing Officer discovery orders
    in the Board’s
    default Order dated March
    22,
    1990.
    It
    will
    not
    be repeated
    again here.
    Suffice
    it to say that the Village’s stated reasons
    as justification for
    its disregard of these Orders falls
    far
    short
    of
    the mark.
    If the Village needed more time,
    it
    could
    have requested more time at several
    junctions.
    If Fredette’s
    requests were overly burdensome,
    the Hearing Officer could have
    fashioned relief.
    Without explanation,
    the Village chose not
    to
    respond to the orders.
    The Village states
    in its motion
    that
    it
    has cooperated with
    the Illinois Environmental Protection Agency and has made
    significant remedial efforts.
    However,
    the Village’s excuses
    fail to sway the Board.
    No
    reasonable explanation for the
    repeated failures
    to comply with Hearing Officer or~t~has been
    110—23
    —2—
    given.
    Therefore,
    the Respondent’s Motion
    to vacate the Board
    Order dated March
    22,
    1990
    is denied.
    The Hearing Officer should
    proceed to schedule
    a hearing
    to take evidence on the relief
    requested by Petitioner as to each of his claims.
    IT
    IS SO ORDERED.
    I,
    Dorothy M.
    Gunn, Clerk of the Illinois Pollution Control
    Board,
    hereby certify that
    the above Order was adopted on
    the
    /~2~—day of
    _______________
    ,
    1990,
    by a vote
    of __________________________
    -
    .~:/
    DorotI~~~unn,Clerk
    Illinois Pollution Control Board
    110—24

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