ILLINOIS POLLUTION CONTROL BOARD
    June
    2,
    1983
    DEAN FOODS,
    )
    Petitioner,
    v.
    )
    PCB 81—151
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by J.
    Anderson):
    On May 17,
    1983 Dean Foods moved the Board to review
    a) the hearing officer’s April
    15, 1983 Order denying Dean’s
    motion to compel attendance of
    an Agency witness at deposition,
    and b) the hearing officer’s May 13,
    1983 denial
    of
    a motion
    to certify his April
    15 Order to the Board for its interlocutory
    review.
    The Agency filed a response
    in opposition May 26,
    1983.
    Dean’s June
    2 motion for leave to fill a reply to the Agency’s
    response
    is denied.
    Having reviewed the inch—thick filings in this matter, the
    Board
    finds that it would be futile to deny the motion for review
    pursuant to 35 Ill.
    Adm. Code 103.140(f), as such would be the
    proverbial
    locking of the barn door after the horse’s escape.
    The hearing officer’s April
    15 denial
    of the motion to compel
    attendance of a Springfield—based witness
    at a second deposition
    in a Chicago location, and denying an additional deposition of that
    same
    engineer is sustained,
    as
    is his
    subsequent refusal
    to certify
    the question
    to the Board.
    IT IS SO ORDERED.
    I, Christan L. Moffett,
    Clerk of
    the Illinois Pollution
    Control Bqa3~,hereby certify that the above Order was adopted
    on the
    ~
    _,day
    of
    ___
    __________________
    ,
    1983
    by a vote of
    _~-d~o
    Chr
    L.
    Illinois Pol
    Control Board
    52-275

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