ILLINOIS POLLUTION CONTROL BOARD

April

24,

1986

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

Complainant,

v.

)

PCB 79—145

THE CELOTEX CORPORATION

and PHILIP CAREY COMPANY,

Respondents.

ORDER OF THE BOARD

(By B.

Forcade):

On April

10, 1986,

Celotex Corporation

(“Celotex”)

filed

a

renewed motion

to the Board

for sanctions,

for failure of

the

Illinois Environmental Protection Agency

(“Agency”) to comply

with the November

11,

1985, Hearing Officer Order.

On April

24,

the Agency tendered

a late filing

in response

to

the Motion for

Sanctions.

However,

that filing fails

to justify the last minute

cancellation

of the scheduled inspection

of

the files

in the

Maywood office.

The Motion for Sanctions

is granted.

The parties are ordered

to file with

the Board

not later

than May 7,

1986,

a Brief on whether the appropriate

remedy is

that:

(a)

All data relating

to groundwater facts

at the Joliet

Army Arsenal shall

be barred and all presumptions from

the lack of

that data

shall

favor

respondent Celotex;

or

(b)

All groundwater claims

in the complaint shall be

stricken;

or

(C)

All documents or data

in the possession

of the Agency

(in Maywood

or Springfield) pertaining

to groundwater at

the Joliet Army Arsenal shall

be

transported

to the

Maywood Office for inspection at

a time chosen by

Respondent, Celotex.

Any facts

contained

in

those briefs

shall either

be

referenced

to

their record citation (with complete copies attached) or

supported

by affidavit.

IT

IS SO ORDERED.

Chairman J.D. Dumelle and Board Member

R.

Flemal dissented.

69-223

---

—2—

I,

Dorothy

M.

Gunn,

Clerk

of the Illinois Pollution Control

Board,

hereby certify that

the above Order was adopted on

the~’~’~i’

day of

~L-L~41T

,

1986,

by

a vote

of

_____________.

Illino

Pollution Control Board

69-224