ILLINOIS POLLUTION CONTROL BOARD
    March
    5,
    1987
    CONCERNED NEIGHBORS FOR A
    BETTER ENVIRONMENT,
    Complainant,
    V.
    )
    PCB 85—l31
    WATTS TRUCKING SERVICE,
    INC..,,
    )
    Respondent.
    ORDER OF THE BOARD
    (by
    B.
    Forcade):
    On January 22,
    1987,
    the Board ordered
    the complainant,
    Concerned Neighbors
    for
    a Better Environment
    (“CNBE”),
    to show
    cause why this matter
    should
    not be dismissed
    as CNBE did not
    proceed with its case
    at the November
    5,
    1986, hearing and
    respondent, Watts Trucking Service,
    Inc.
    (‘~Watts”),entered
    an
    oral motion
    to dismiss on the record.
    CNBE was given until
    February
    6,
    1987,
    to file
    a verified response
    to
    this order.
    On
    March
    2,
    1987, CNBE filed
    a Motion
    to Substitute Counsel,
    Appearance, Motion
    to Modify Order of January 22,
    1987,
    Coin-’
    plainant’s Verified Response
    to January 22,
    1987,
    Order and
    Motion to Set Pre-’Hearing and Hearing
    Schedule.
    CNBE requests,
    in its Motion to Modify Order,
    that the Board
    allow its response
    to the January 22,
    1987,
    to be filed
    out of
    time as CNBE learned of that order
    after
    the February
    6, 1987,
    deadline.
    CNBE asserts that its previous attorney never received
    the January
    22,
    1987,
    Order
    and that
    it has been
    unable to
    contact this attorney since November
    5,
    1986.
    Since
    the
    time
    CNBE became aware of the January 22,
    1987,
    Order,
    it
    has
    attempted
    to retain new counsel.
    The Board
    notes that
    it too has
    been unable
    to contact CNBE’S previous attorney and,
    in fact,
    the
    copy of
    the January 22,
    1987,
    Order mailed
    to CNBE’s previous
    attorney was returned
    to the Board.
    The Board will grant
    the Motion
    to Substitute Counsel and
    CNBE’s request
    to file its response
    to the January 22,
    1987,
    Order out of
    time,
    thus, modifying
    the schedule established
    in
    that Order.
    The Board will not rule on the balance of CNBE’s
    motions until
    an opportunity for response has been given.
    Watts
    will have until March
    16,
    1987,
    to respond
    to CNBE’s various
    motions and responses.
    IT
    IS
    SO ORDERED.
    76-91
    —2—
    I,
    Dorothy
    M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    hereby certify that the above Order was adopted on
    the
    ~
    day of ~7i7~L~,
    ,
    1987, by a vote of
    ~.°
    J7~.
    Dorothy
    M.
    Gunn,
    Clerk
    Illinois Pollution Control Board
    76-92

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