ILLINOIS POLLUTION CONTROL BOARD
    February 25, 1988
    RUDY and EDWARD HARGROVE
    )
    EUGENE and JOYCE FOLTZ, and
    JOHN BARTON,
    )
    Complainants,
    v.
    )
    PCB 87—19
    TAMMSCO, INC., ALEXANDER COUNTY
    )
    COMMISSIONERS, DONALD JORDAN
    )
    TRUCKING COMPANY and
    MARQUETTE GRAVEL COMPANY,
    Respondents.
    ORDER OF THE BOARD (by J.D. Dumelle):
    This matter comes before the Board upon a January 20, 1988
    Motion for Default filed by the Respondent Tammsco, Inc.
    (Tammsco). Pursuant to 35 Ill. Adm. Code 103.220, Tammsco moved
    that
    default enter against Complainant John Barton as a result of
    his failure to attend the hearing held in Tamms, Illinois on
    October 14, 1987. No response to the motion has been filed.
    Section 103.220 of the Board’s Procedural Rules states:
    Failure of party
    t~o appear on
    the date set
    for hearing or failure to proceed as ordered
    by the Board shall constitute a default. The
    Board shall thereafter enter such order as
    appropriate, as limited by the pleadings and
    based upon the evidence introduced at the
    hearing.
    The Board hereby grants Respondent’s motion and finds
    Complainant John Barton in default. However, the Board notes
    that this finding appears to have little
    significance
    on the
    ultimate outcome of this proceeding.
    John Barton was but one of
    several Complainants, all of whom alleged the same wrongdoing by
    Respondents. The remaining Complainants were present at hearing
    to prosecute their action. Today’s finding in no way impacts on
    the merits of the remaining Complainants’
    case.
    IT IS SO ORDERED.
    86—34 3
    —2—
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that t e above Order was adopted on
    the
    ______________
    day of
    _____________,
    1988 by a vote
    of
    _____________.
    Dorothy M. gunn, Clerk
    Illinois Pollution Control Board
    86—344

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