ILLINOIS POLLUTION CONTROL BOARD
    October 24, 1985
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Complainant,
    )
    )
    v.
    )
    PCB 79—145
    )
    THE CELOTEX CORPORATION
    )
    anó PHILIP
    CAREY
    COMPANY,
    )
    )
    Respondents.
    )
    INTERIM ORDER OF THE
    BOARD
    (by B.
    Forcade):
    On October 7, 1985,
    the Illinois Environmental Protection
    Agency (“Agency”)
    filed a Motion to Overrule the Beating
    Officer’s Ruling Regarding Plaintiff’s Exhibit Y. On October 8,
    1985, the Hearing Officer filed a Memorandum Regarding
    Plaintiff’s Exhibit I Motion, and on October 15, 1985, the
    Celotex Corporation and Philip Carey Company (“Celotex”) filed a
    response to the Agency’s October 7th Motion.
    The focus of this Motion concerns the Agency’s attempt at
    the July 25, 1985, hearing to introduce into evidence (R. 1667—
    1671) answers to interrogatortes.
    Celotex objected based on
    surprise and lack of foundation.
    At the October 3,
    1985,
    hearing, the Hearing Officer refused admission.
    On October 21, 1985, the Agency filed a Motion to Withdraw
    the Motion to Overrule the Hearing Officer.
    The Motion to
    Withdraw is granted and the Motion to Overrule the Bearing
    Officer
    is dismissed.
    On October 8, 1985, the Agency filed an Emergency Motion to
    Overrule the Hearing Officer’s Procedure for Order of Hearing.
    On October 15, Celotex responded and on October 22, the Agency
    supplemented its October 8 Motion.
    The Motion requests that the
    Board suspend the hearing until all discovery is completed.
    This proceeding was filed by the Agency in 1979.
    The
    intervening six years have’ provided ample opportunity to
    diligently pursue discovery.
    At this late date, the Board
    refuses to further postpone completion of hearing.
    The Agency
    has not shown any specific harm from reserving cross examination
    while depositions are completed.
    Consequently, the Agency’s
    Motion is denied and the Hearing Officer Order
    is affirmed.
    86-111
    On October
    23,
    1985, Celotex
    filed
    a ~Statement” requesting
    the Board
    to await Ce1otex~sreply before final action on any
    pending niotions~ As Celotex has already responded
    to
    the merits
    of the
    above motions, no further response
    is necessary.
    The
    Board will hold the Agency~sOctober
    22,
    1985, motion pending
    Celotex~sreply~
    IT
    IS SO ORDERED~
    I,
    Dorothy
    M, Gunn, Clerk
    of
    the Illinois Pollution Control
    Board,
    hereby certifies that the above Order was adopted on
    the ~Zday
    of
    ~
    1985,
    by
    a
    vote
    of
    ~
    ~thun~C1er~
    Illinois Pollution Control Board
    66~112

    Back to top