ILLINOIS POLLUTION CONTROL BOARD

March 24, 1988

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Petitioner,

v.

)

PCB 85—136

NAVEN PATEL, ERIC OTTEN,

)

CLARENCE MITCHELL and

J.B. JOHNSON,

Respondents.

ORDER OF THE BOARD (by B. Forcade):

This Board rendered its final decision in this matter by its

February 4, 1988 Opinion and Order. A copy of that Opinion and

Order was delivered by certified mail on February 10, 1988 to the

record address of the respondent, Naven Patel’s, attorney Patrick

A. O’Byrne. The respondent’s attorney filed a Notice of Change

of Address with this Board on March 9, 1988. This notice lacks

the required certificate of service to indicate all parties

received it. The respondent’s attorney filed a “Motion in

Limine” on March 11, 1988 which states certain facts regarding

his change of address and non—receipt of the February 4, 1988

Opinion and Order, but which fails to request that the Board take

any form of action. This “Motion in Limine” lacks the required

certificate of service to indicate all parties received it. On

March 10, 1988, the respondent’s attorney filed a handwritten

“Motion Subsequent to Entry of Final Order” which is partially

illegible, which includes many apparent corrections, and fails to

state what action the Board is being requested to take. This

“Motion Subsequent to Entry of Final Order” lacks the required

certificate of service to indicate all parties received it.

The respondent’s attention is drawn to 35 Ill. Adm. Code

101.104 & 103.123(b) which outline the requirements for documents

arid pleadings filed with this Board. Additionally, the

respondent is informed that specific prayers for relief aid this

Board greatly in the discharge of its business.

For the above reasons, the respondent is hereby granted ten

days from the date of this Order until April 4, 1988 to properly

file its desired motions with this Board. Each motion shall

include whatever supporting affidavits the respondent feels

necessary, but each shall include a specific prayer for any

desired action by this Board and the appropriateproofs of

service. Further, the respondent small submit ten copies of each

motion.

87—14 1

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—2—

Further, the Clerk of the Board is directed to forward

copies of this Order to the current and former addresses on

record for the respondent’s attorney.

IT IS SO ORDERED

I, Dorothy M. Gum, Clerk of the Illinois Pollution Control

Board, h~ebycertify that the above Order was adopted on

the ~2?4’~’-day of

_________________________,

1988, by a vote

of~-?~

Ill s Pollut Control Board

87—142