ILLINOIS POLLUTION CONTROL BOARD

April 27, 1978

ENVIRONMENTAL PROTECTION AGENCY,

)

Complainant,

v.

)

PCB 77—167

PAXTON LANDFILL CORPORATION,

)

an Illinois corporation,

Respondent.

-

and

-

PAXTON LANDFILL CORPORATION,

an Illinois corporation,

Petitioner,

v.

)

PCB 77—231

CONSOLIDATED

ENVIRONMENTAL PROTECTION AGENCY,

)

-___________

Respondent.

ORDER OF THE BOARD

(by Mr. Goodman):

On March

30,

1978 the Board granted leave

to the Illinois

Environmental Protection Agency

(Agency)

to file an Interlocutory

Appeal appealing a Hearing Officer Order herein granting Paxton

Landfill Corporation

(Paxton) until April

3,

1978 to answer the

Agency’s request for admission of facts.

Upon consideration of

the

record

in

this

case

and

the

briof~

filed

by

the

f)artles,

the

Board

finds

that

great

prejudice

would

be

visited

upon

Paxton

if

the Board were

to adopt the Agency’s

position

in this matter.

Since little or no prejudice will accrue

to the Agency if the

Board upholds the Hearing Officer in this matter,

the Board will

therefore affirm the Hearing Officer’s Order allowing Paxton

until April

3, 1978 to answer the Agency’s request for admission

of facts.

The Board notes that Paxton filed their answer to the

Agency’s request for admission of facts on April

3,

1978, not-

withstanding the fact that the Board had stayed execution of the

30-85

---

—2—

Hearing Officer’s Order until the Board decided the Interlocutory

Appeal.

Since the Board has found in favor of Paxton

in the Interlocu-

tory Appeal herein,

the Agency’s Motions

filed April

3,

1978 for

Sanctions and to Sever Consolidated cases for Hearing are hereby

denied.

I,

Christan

L.

Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify the above Order was adopted on

the~~~_dayof

,

1978 by a vote of~—O

~inoisPoll~n~ontro7oard

30—86