ILLINOIS POLLUTION CONTROL BOARD

November 20,

1986

JOLIET SAND AND GRAVEL COMPANY,

)

)

Petitioner,

v.

)

PCB 86—159

)

ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY,

)

Respondent.

ORDER OF THE BOARD

(by

3.

Anderson):

In

its Order

of November

6,

1986,

the Board

reserved

ruling

on Joliet’s November

5 supplement to motion

for sanctions which

seeks

relief premised

on the Agency’s alleged filing

of an

incomplete record.

The Agency filed

a response

in opposition on

November

12.

The motion for sanctions

is denied.

The Board

cannot

determine,

based

on

the pleadings before

it and

in

advance of

hearing, that a)

the Agency record

is in fact incomplete, or

b)

assuming arguendo that

it

is, that the circumstances surrounding

such omissions warrant

the extreme relief of sanctions.

Finally,

the Board

notes that the Agency’s response

to the

motion

contains

several

allusions

to

the

Hearing

Officer

as

trier

of

fact

in

this

proceeding.

While

it

is

correct

that

the

Hearing

Officer

does

make

some

factual

determinations

in

proceedings

before

the

Board

(e.g.

whether

his

Orders have been complied

with),

the

role

of

the

Hearing

Officer

is

to

manage

the

development

of

a

complete

and

orderly

record

upon

which

the

Board

may

make

findings

of

fact

and

conclusions

of

law.

IT

IS

SO

ORDERED.

I,

Dorothy

M.

Gunn,

Clerk

of

the

Illinois

Pollution Control

Board,,

hereby

certifyL~at

the

above

Order

was

adopted

on

the

~

day

of

t-~i

,

1986,

by

a

vote

of

~

Dorothy

M.

~unn, Clerk

Illinois Pollution Control Board

74-110