ILLINOI S
    Por~r~oTio~
    CONTROL
    BOARD
    February
    4,
    1982
    COUNTY OF LaSALLE,
    et al.,
    Petitioners,
    v.
    )
    PCB 81—lO
    tLLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    et
    al.,
    )
    Respondents.
    ORDER OF THE BOARD
    (by 3.
    D.
    Dumelle):
    The following is a listing of motions and responses which
    have been filed in this matter since January 28, 1982~
    Motion to Compel Attendance of Witnesses
    1/28/82
    Petitioners’ Motion for Summary Reversal
    1/28/82
    Motion for Permit by Default or Alternatively
    for Affirmance Without Additional Hearings
    2/1/82
    Oh~ectionsto Motion for Permit by Default or
    ~lternatively for Affirmance Without Additional
    Hearings
    2/3/82
    Motion to Strike Improperly Filed Documents
    2/3/82
    Oblections
    to Motion To Strike Improperly
    Filed Documents
    2/3/82
    Oh’iections to Petitioners’
    Motion
    to Compel
    Attendance of Witnesses
    2/4/82
    Hearing in this matter is presently set for February
    6,
    1982.
    Given the complexity of this case and the extremely short time
    period that the Board is necessarily operating under, the Board
    will
    go
    no further at this time
    in deciding these motions than
    is necessary to provide some guidance as to whether
    the hearing
    should be held and what sorts
    of testimony should be allowed.
    To the extent that this Order fails
    to resolve all issues
    in
    this matter currently before the Board,
    those unresolved issues
    will
    he decided with the case.
    First,
    the Board will not grant summary afEirmance or
    summary reversal at this time.
    These motions cannot be construed
    as waivers of the mandatory hearing requirement of Section 40 of
    the Act.
    While not deciding whether a hearing has
    in fact already
    been held, prudence dictates that the scheduled hearing proceed.
    In this way the protection of any due process rights before the
    Board can best be assured.
    2
    Second, the motion to strike improperly filed documents
    ‘iill n~tbe ruled on at this time.
    The Board
    notes,
    however,
    that
    it
    prefers,
    where
    possible,
    to
    base
    its
    decisions
    upon
    the
    hearing record.
    Third,
    in accordance with the Board’s preference for hearing
    testimony,
    the Board hereby grants Petitioners’
    motion to
    compel.
    the appearance of witnesses Cavanagh and Ayers.
    The depositions
    indicate that they have direct knowledge of the Agency’s review
    process
    in this matter and the
    sufficiency
    of
    the
    record.
    That
    information
    is
    clearly
    relevant
    to
    this
    proceeding
    and
    is best
    ~re~ented
    at
    hearing
    with
    a
    full
    opportunity
    for
    cross—examination.
    Finally,
    the Board reaffirms its earlier Orders
    in
    this
    matter and notes that the Board’s April
    2,
    1981 Order in Hamman
    V.
    IflP~(PCB 80-153)
    provides guidance as to proper hearing
    procedures in this matter.
    IT
    IS
    SO ORDERED.
    D.
    Anderson al~stained.
    I,
    Christan L. Moffett,
    Clerk of the Illinois Pollution
    ControL Board, hereby ce tify that the above Order was adoptel on
    the
    ~
    day
    of
    ~
    1982 by a vote of
    ____
    Christan
    L.
    Moffett,
    ~eJyiçJ
    Illinois Pollution Con~
    Board
    i, ~_‘)~.Q

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