ILLINOIS POLLUTION CONTROL BOARD
January 22,
1981
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
)
Complainant,
PCB 78—139
VICKERY MANOR SERVICE CORP.,
)
AN ILLINOIS CORPORATION,
Respondent.
ORDER OF THE BOARD
(by J.D.
Dumelle):
On May 10,
1978,
the Illinois Environmental Protection
Agency (Agency)
filed
a complaint in this matter which was later
amended.
On June 6,
1978, the Agency filed Interrogatories and a
Request for Production of Documents.
These were not responded
to.
On May 24, 1979, the Agency filed a Motion to Compel but
the
hearing officer did not rule on that motion,
On November
6,
1979,
the Agency filed a motion requesting a ruling and a hearing
date, but the hearing officer again failed to rule.
On or about
May 12,
1980,
the Board reassigned the case,
On December
4,
1980,
the new hearing officer ordered Vickery Manor Service Corp.
(Vickery)
to answer the interrogatories and produce the documents
within 10 days.
As
yet, Vickery has done neither.
On January
6,
1981,
the Agency moved the Board to impose
sanctions.
Vickery made no response to that motion.
Therefore,
the Board hereby orders that Vickery be debarred from introducing
any evidence or testimony concerning the following issues:
1.
Economic reasonableness of compliance;
2.
Economic status of Vickery;
3.
Technical feasibility of compliance;
4.
Actions taken by Vickery to achieve compliance; and
5.
The cost of any actions taken by Vickery to achieve
compliance.
IT IS SO ORDERED,
I,
Christan
L. Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify that the above Order was adopted on
the
~
day of
~
,
1981
by a vote of
~
/
/
/
/
Christan
L.
MOf~’fâtt,
Clerk
Illinois Pollution Control Board
40—32 1