ILLINOIS POLLUTION CONTROL BOARD
    April
    27,
    1989
    IN THE MATTER OF:
    JAMES ESAREY,
    )
    AC 88—90
    (IEPP. Case No.
    9212~-AC)
    Respondent.
    INTERIM ORDER OF THE BOARD
    (by J. Marlin):
    On October
    31, 1988, James Esarey
    (“Esarey”)
    filed
    a
    petition for review of
    an administrative citation issued by the
    Illinois Environmental Protection agency
    (~‘Agency”) on October
    12,
    1988.
    On February 24,
    1989,
    the Board received the
    transcript
    for
    the second
    and final hearing held on February
    3,
    1989
    in this matter.
    Pursuant to the hearing officer’s briefing
    schedule,
    the Agency was required
    to submit
    its brief
    21 days
    after receiving the transcript from the Board and Esarey was
    required
    to submit
    a brief 21 days thereafter.
    To date,
    no briefs have been submitted and
    no motions have
    been filed.
    Since
    the
    21 day deadline
    to submit
    the brief has
    passed,
    the Board,
    on its own motion,
    hereby orders
    that the
    Agency submit brief by May 8,
    1989 or be subject
    to sanctions,
    including dismissal
    of this case.
    IT
    IS SO ORDERED.
    I,
    Dorothy M.
    Gunn, Clerk
    of the Illinois Pollution Control
    Board, hereby certif
    that, the above Interim Order was adopted on
    the ~7~day
    of
    _____________,
    1989,
    by
    a vote
    of
    7~
    Ii
    ion Control Board
    98—321

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