ILLINOIS POLLUTICN CONTPCL BOAPE

January 8, 1987

JOLIET SAND AND GRAVEL

COMPANY,

Petitioner,

v.

)

PCB 86—159

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD (by J. Anderson):

On January 6, Joliet filed an “emergency” motion requesting

the Board to overrule certain aspects of the Hearing Officer’s

December 31, 1986 Crder concerning discovery matters. The Board

notes

that the “emergency” motion was filed so late in the

business day as

to preclude proper noticing of any Board meeting

during business hours

in advance of today’s regularly scheduled

meeting.

The motion is denied.

Joliet has failed to convince the

Board that the Hearing Officer has improperly used his discretion

in light

of the facts and circumstances of this case. To the

extent the inot~on alleges defaults in discovery, the remedy

sought, which is reversal of a Hearing Officer order, is

inappropriate.

Finally, the Agency’s December 30, 1986 motion for costs,

Joliet’s January 5, 1987 response thereto and the Agency’s

January 7 supplemental filing will be addressed in the Board’s

final decision in this matter which is due on or before January

28.

IT IS SC ORDERED.

I, Dorothy N. Cunn, Clerk of the Illinois Pollution Control

Board, I~reby certify that the above Order was adopted on

the

___________

day of

(-~1z~.

,

1987 by a vote

of

C—c

.

7

~).

7(/i~-L~t-~4

~

~y

Dorothy

Mi~

Gunn, Clerk

Illinois Pollution Control Board

74-421