POLLUTION CONTROL BOARD

September 25,

1986

ILLINOIS ENVIRONMENTAL PROTECTION

)

AGENCY,

Complainant

)

)

V.

)

PCB 86—108

JOLIET SAND AND GRAVEL COMPANY,

)

Respondent.

ORDER OF THE BOARD

(by J.

Anderson):

On September

17,

1986, Joliet filed

a motion seeking

sanctions against the Agency for failure

to comply with the

Hearing Officer’s Order

of August 29,

1986.

(A motion

to vacate

this Order was denied by the Board September 11, 1986).

The

Agency filed a response

in opposition on September

23.

On

September 24, Joliet filed

a reply accompanied by

a motion for

leave to file instanter, which

is hereby granted.

The motion

for sanctions is denied as premature.

Given that

the Agency did produce discovery on the due date, and that

Joliet’s assertions are that the discovery is at variance with or

incompletely responsive

to

the Hearing Officer’s Order, Joliet

should apply to the Hearing Officer

for

a finding as

to whether

the Agency

is

in compliance with

the Order prior to

requesting

sanctions

for non—compliance.

IT

IS SO ORDERED.

I, Dorothy

M.

Gunn,

Clerk of the Illinois Pollution Control

Board, hereby certi

th

the above Order was adopted on

the

~

day of

_________________,

1986, by a vote

of

____________

Dorothy M.

Gunn,

Clerk

Illinois Pollution Control Board