1. Illino P Control Board
ILLINOIS POLLUTION CONTROL BOARD
July
13,
1989
KATHY WESTERN,
)
Complainant,
v.
)
PCB 89—44
MOLINE CORPORATION,
Respondent.
ORDER OF THE BOARD
(by J. Marlin):
This matter comes before
the Board upon a Motion to Continue
Hearing filed July 10,
1989 by the Illinois Environmental
Protection Agency
(“Agency”).
On June 26,
1989,
the Agency filed
an agreed Motion to Consolidate the instant cause with Illinois
Environmental Protection Agency
v.
Moline Corporation,
PCB 89—
87.
On July
7,
1989,
respondent, Moline Corporation
(“Moline”)
filed a Motion for Judgment on the Pleadings as to Count
IV of
the complaint filed by the Agency against Moline.
Also on July
7,
1989, Moline filed a Response to the Motion to Consolidate
objecting to consolidation.
On July
12,
1989,
the Agency filed
its Reply to Moline’s response as well as a Motion for Leave to
File Reply Instanter.
The Agency’s Motion
for Leave
to File Reply Instanter
is
hereby granted.
The Board notes
that this reply was received the
day before the July 13,
1989 Board meeting.
Consequently,
the
Board has not had ample time to consider its ruling
on the Motion
for Judgment on the Pleadings.
Moreover, any ruling on the
Motion for Judgment on the Pleadings will affect the Board’s
ruling on the Motion
to Consolidate.
These matters,
therefore,
will not
be decided
in this Order.
The Board
finds
that the July
20,
1989 hearing scheduled
in PCB 89—44 must be continued.
However,
the Board
notes
that the Motion
to Continue this hearing
was filed by the Agency,
not Kathy Western,
in PCB 89—87.
There
being no Motion
to Continue Hearing filed
in PCB 89—44,
the Board
on its own motion continues
the July
20,
1989 hearing for sixty
(60)
days.
IT
IS SO ORDERED
1~1~-75
—2—
I, Dorothy
M. Gunn,
Clerk of the Illinois Pollution Control
Board, ~~eby
certify
above Order was adopted on
the /~‘~1-day of
,
1989, by a vote
of
7-C)
Illino
P
Control Board
101—76

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