ILLINOIS POLLUTION CONTROL BOARD

November 7, 1985

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Complainant,

v.

)

PCB 79—145

THE CELOTEX CORPORATION

and PHILIP CAREY COMPANY,

Respondents.

IUTERIM ORDER OF THE BOARD (by B. Forcade):

On October 22, 1985, the Illinois Environmental Protection

Agency

(NAgencyhl)

filed a “Joint Motion for Leave to file an

Interlocutory Appeal from the Hearing Officerts Order and a

Motion to Overrule a portion of the Hearing Officer’s Order,

dated October 7, 1985.” On October 29, 1985, Celotex

responded. The motion for leave to file an appeal is granted.

The

Agency’s motion seeks to reverse a Hearing Officer order

to produce documents relating to groundwater monitoring in the

vicinity of the site. Nofle of the bases urged by the Agency for

reversal are persuasive, the material seems proper for discovery

and no facts relating to unnecessary burden are pleaded.

Likewise, Celotex has failed to provide the Board with an adequte

basis for expanding the scope of the Hearing Officer’s Order.

Primary relief to modify the Order should always be sought from

the Hearing Officer, not the Board.

The Agency’s motion is denied, the Hearing Officer’s Order

is affirmed.

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

7tt

day of

27

~

,

1985, by a vote

of

-7-C

Dorothy M. dunn,

~.

Clerk

/~

Illinois Pollution Control Board

66~~265