ILLINOIS POLLUTION CONTROL BOARD
    November
    3,
    1983
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    )
    Complainant.
    v.
    )
    PCB 82—154
    CITY OF MOLINE,
    Respondent.
    ORDER OF THE BOARD
    (by J.
    Anderson):
    On October 14,
    1983, the Attorney General, on behalf of the
    Agency, moved
    for interlocutory review of Hearing Officer Orders
    1) granting Respondent’s late—filed discovery requests designed
    to probe the dealings between the Agency and the City during a
    period of alleged non-compliance prior to the filing of this
    action,
    2) denying the Agency’s motion
    in limine concerning evi-
    dence relating to a state-funded grant to address sludge—handling
    deficiencies at the City’s treatment plant,
    and 3) the Hearing
    Officer’s denial of the Agency’s motion that each of these motions
    be referred to the Board for its determination
    of these matters.
    The motion for interlocutory appeal
    is granted.
    The Hearing
    Officer acted quite properly
    in handling each of these matters
    himself.
    The Board affirms the denial
    of the motion in limine,
    agreeing with the Agency that its advisement of availability of
    a grant does not constitute a defense to a finding of violation;
    but, as the City also correctly notes information concerning its
    grant application is relevant to the issue
    of good faith in
    efforts towards compliance.
    The Hearing Officer’s Order allowing late discovery relating
    to dealings between the Agency and the City in the period between
    the alleged non-compliance and the filing of this action is
    reversed.
    Any product of the requested discovery would be
    irrelevant to the Board’s finding of compliance or non—compliance,
    and questions as to when and how the Agency and/or the Attorney
    General choose to take enforcement action would also be irrelevant.
    This Order should not, however, be construed as limiting the
    City’s ability to present mitigating evidence that
    it has worked
    “hand-in-hand
    with
    the Agency
    to attempt to resolve any problems
    that may have existed”
    (City’s Response at p.
    2).
    IT
    IS SO ORDERED.
    54-285
    I,
    Christan
    L.
    Moffett,
    Clerk of the Illinois Pollution
    Control B?~3~dlhereby certify that the above Order was adopted
    on the
    3
    day of
    ______________,
    1983 by a vote
    of
    _____
    Christan L. Mo~fdt~jc~lerk
    Illinois Pollution Control Board

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