ILLINOIS POLLUTION

CONTROL BOARD

March

24,

1983

UNITY

VENTURES,

PCB 80—175

ILLINOIS

ENVIRONMENTAL PROTECTION

AGENCY AND COUNTY

OF

DU PAGE,

)

Respondents.

ORDER OF THE

BOARD

(by I~

G. Goodman):

On March

11, 1983

the Illinois

Environmental Protection

Agency (Agency)

filed a

Motion in Limine requesting that Petitioner,

Unity Ventures

(Unity)

•

he limited

in its presentation of evidence

in any hearing

on the

merits

of this case pursuant to the sanc-

tions imposed

in

the Board~s

December

2,

1982 Order herein pur-

suant to 35

IlL

Adm~,

Code

107.101(c).

Unity filed its Response

on March 17,

1983 stating

that the sanctions imposed were solely

addressed to

the

previous variance

petition and do not apply to

Unity with

respect to the

present variance petition.

Unity can-

not escape sanctions

imposed for

cause merely by filing an

amended

petition.

The Board

will

not

allow that which cannot

be done directly to

he

done by indirection.

The Agency~sMotion

in Limine is

hereby

granted~

IT IS SO

ORDEREL.

I,

Christan

L.

Moffett, Clerk of the Illinois Pollution

Control B9ard, hereby certify that the above Order was adop~ted

on the

_______

day

of

~

Christan

L. Mof ~

Illinois Po1luti6~Control Board