ILLINOIS POLLUTION CONTROL BOARD

January

4,

1979

ENVIRONMENTAL PROTECTION AGENCY,

)

Complainant,

v.

)

PCB 78—258

K.L. OIL CO., d/b/a K&L AUTO WASH,

Respondent.

ORDER OF THE BOARD

(by Mr.

Goodman):

On December

28,

1978,

Respondent filed a Motion for Continuance

herein seeking a six-month continuance in order to allow completion

of a study Respondent has commissioned.

Complainant objects to this

continuance.

The Board finds that the study is not sufficient cause

to further delay this matter for such an extended period.

The Motion

for Continuance

is denied.

In its Objection to Motion for Continuance, Complainant moves

to

strike paragraph 3 of Respondent’s Motion for Continuance based upon

the Board’s December

14 Order debarring Respondent from maintaining a

claim or defense based on economic reasonableness or ability to pay a

penalty.

However, because an allegation in a motion is not evidence,

the Board finds there is no need to strike the allegation and hereby

denies Complainant’s Motion.

IT IS SO ORDERED.

I, Christan L. Moffett, Clerk of the

Illinois Pollution Control

Board, hereby certify the above Order was adopted on the

41~~

day

of

__________________,

1979 by a vote of

Illinois Pollution C

rol Board