ILLINOIS POLLUTION CONTROL BOARD
April 27, 1978
ENVIRONMENTAL PROTECTION AGENCY.
Complainant,
vs.
)
PCB 75—218
E. LYSLE EPPERSON, ALPHA FAY
)
EPPERSON AND LYSLEEN HUNTER,
Respondents.
ORDER OF THE BOARD (by Dr. Satchel?):
Respondents have filed a motion on April 20, 1978 to
dismiss this matter for failure of the Environmental Protection
Agency (Agency) to respond to discovery. On April 25, 1978
the Agency responded to the motion and sent the answers to
the interrogatories. The hearing officer after the February 22,
1978 hearings ordered the answers to the interrogatories be
submitted. The Agency admits the answers are late but that
Respondents have shown no prejudice. The Board will deny the
motion to dismiss; however, should Respondents find that the
responses raise new matters relevant to their defense Respondents
should have an opportunity to present further evidence at
hearing.
IT IS SO ORDERED.
I, Christan L. Mnffett, Clerk of the Illinois Pollution
Control i~oard, hereby
cerLify the above Order was adopte on
the
ai
day of
,~J
,
1978 by a vote of
..~
~stanL.Mof,c1~W~
Illinois Pollution Control Board
30—67