ILLINOIS POLLUTION CONTROL BOARD

December

2,

1982

ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY,

Complainant,

v.

)

PCB 79—145

THE CELOTEX CORPORATION

AND PHILIP CAREY COMPANY,

)

Respondents.

ORDER OF THE BOARD

(by

I.

G.

Goodman):

On November

5,

1982 Respondents filed Motion to Disqualify

the hearing officer in this matter.

This case was begun in

1979;

Respondents represent that the hearing officer’s relationship

and possible conflict was known to it by November,

1980;

and that

it also knew the Complainant had waived any possible claim to

conflict of interest.

Respondents further represent that so far

depositions have taken place and a fourth Motion for Discovery

has been made.

Respondents cite Ill.

Rev. Stat.,

1982,

ch.

11OA,

par. 67(a)

in support of

its Motion.

The Board refers Respondents to para-

graph

(b)

of that same statute.

Although not bound by the Civil

Practice Rules, the Board finds that the relationship is remote

and reassignment to a hearing officer unfamiliar with this matter

would be disadvantageous,

and possibly create an unnecessary

hardship for the parties.

The Board, therefore,

reaffirms

its

October

14,

1982 Order.

Motion is denied.

IT

IS SO ORDERED.

I,

Christan L. Moffett, Clerk of the Illinois Pollution

Control Boa~d,hereby certify1 that the above Order was adopted

on the

J’~’’

day of ~

—,

1982 by

a vote

of

-~t’.

~ /

.;.,

~

:

/

Christan

L. Moffe~,/Clerk

Illinois Pollution. Control Board

50-23