ILLINOIS POLLUTION CONTROL BOARD

July 13, 1989

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Complainant,

v.

)

PCB 89—87

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 Kathy

Western v. Moline Corporation, PCB 89—44. On July 7, 1989,

respondent, Moline Corporation (ttMoline”) 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 ruling

on the Motion to Consolidate. These matter, 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

I 1)1—95

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—2—

I, Dorothy

M.Gunn, Clerk of the Illinois Pollution Control

above Order was adopted on

____________

day of _______________________________________________ 1989, by a vote

ofBoard,~~by

7—~

certify

~

p27.

Do

Illinois Poll tion Control Board

10 1—96