ILLINOiS
    POLLUTION
    (~ONT~OLBOARL
    September
    20, 1985
    ILLINOiS
    ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    V.
    )
    PCB 84—118
    RiCHARD
    C.
    McCORMICK,
    Respondent.
    Ok~EROF THE BORRD
    (by J.D~
    Dumelle):
    This matter
    comes before
    the Board
    upon
    a September
    6, 1985
    motion for sanctions filed
    on behalf
    of the Illinois
    Environmental Protection Agency
    (Agency).
    No response was filed
    on behalf of Mr. McCormick.
    In
    its motion
    the Agency states
    the
    following chronology of events
    (supported
    by affidavit):
    1.
    April
    23,
    1985:
    First set of
    interrogatories and
    request
    to produce served on McCormick.
    2.
    June
    13,
    1985:
    Hearing officer
    order requiring
    McCormick to comply with discovery requests by July
    1,
    1985.
    3.
    July 17,
    1985;
    Agency
    :ietter
    to McCormick noting
    continued lack of compliance with Hearing Officer Order
    noting possible sanctions.
    4.
    August
    16, 1985:
    Deposition of
    Mc McCormick
    taken.
    when asked why he had not yet complied, McCormick stated
    his wife had sent some records the the Agency, but
    remainder
    would have been
    too expensive
    to send.
    Agency
    later determined
    that no such records had been received.
    The Board finds that McCormick~sfailure to comply with
    the
    Board’s rules
    and the Hearing Officer Order
    is
    unreasonable,
    without
    justification and has prejudiced
    the Agency
    in
    its
    preparation
    for hearing.
    Therefore,
    the Board hereby grants
    the
    Agency~smotion for sanctions,
    as follows:
    1.
    McCormick is barred
    from introducing any evidence,
    including oral
    testirfton\;, on
    the
    issue of his
    income and
    business finances;
    f~5~•472
    —2—
    2.
    McCormick
    is barred
    from introducing documentary
    evidence on the issue of volume and character
    of
    material at his
    rlinonk landfill; and
    3.
    McCormick
    is barred from introducing documentary
    evidence on the
    issue of equipment purchase
    and rental.
    IT
    IS SO ORDERED.
    I,
    Dorothy
    M. Gunn, Clerk
    of the Illinois Pollution Control
    Board, hereby certify that ~theabove Order was adopted on
    the
    ______________
    day ~
    ,
    1985 by vote
    of
    7-D
    .
    /V
    ~
    ~
    /2-).
    ~
    Dorothy
    M.
    Gunn, Clerk
    Illinois
    Pollution
    Control
    Board
    6~-48O

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