ILLINOIS POLLUTION CONTROL BOARD

April 24, 1986

PEOPLE OF THE STATE OF ILLINOIS,

Complainant,

v.

)

PCB 76—84

SANTA FE PARK ENTERPRISES, INC.,

)

an Illinois Corporation,

Respondent.

INTERIM ORDER OF THE BOARD (by 3. D. Dumelle):

This matter comes before the Board upon ~an April 11, 1986

motion for resumption of proceedings filed on behalf of the

People of the State of Illinois. This motion is in response to

the Board’s March 14, 1986 Interim Order in this matter which

noted that the Illinois Supteme Court had denied review of the

First District Appellate Court’s decision upholding the

constitutionality of P.A. 82—654, and stated that this matter

would be dismissed unless a motion requesting some other action

were filed on or before April 14, 1986. The People allege that

three constitutional challenges- were before the Board only one of

which was decided by the Board and the courts. Therefore, the

People request that the Board appoint a hearing officer “to over

see the updating of briefs in this matter so that the vagueness

and special litigation constitutional challenges can be

decided.” No response was filed.

That motion is hereby granted in part. The Board agrees

that the filing of briefs to update these issues is appropriate

but does not believe that it is necessary to appoint a hearing

officer at this time. Instead, briefs are hereby ordered to be

filed with the Board regarding the constitutional challenges with

respect to vagueness and special legislation according to the

following schedule: The People’s initial brief is due May 27,

1986; Santa Fe’s response is due June 27, 1986; the People’s

reply is due July 11, 1986.

IT IS SO ORDERED.

69-221

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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the above Order was adopted on

the

~

day of

~

,

1986 by a vote

of

7—C)

~

/~~‘L~i~/

~

/

Dorothy M. GU’nn, Clerk

Illinois Pollution Control Board

69-222