ILLINOIS POLLUTION CONTROL
BQARD
February
2,
1978
ENVIRONMENTAL PROTECTION AGENCY,
)
)
Complainant,
)
)
v.
)
PCB 75—475
)
)
THOMPSON OIL COMPANY, NORTHRUP OIL
)
COMPANY, and TEXACO,
INC.,
)
)
Respondents.
ORDER OF THE BOARD
(by Mr. Goodman):
On January
9,
1978, the Environmental Protection Agency
(Agency)
filed an Interlocutory Motion to Reverse. Hearing Offi-
cer.
Respondent Texaco, Incorporated fiLed a Response on
January 18,
1978,
and Respondents Thompson .0±1Company and Northrup
Oil Company filed a Response on February 2,
1978.
In its Motion
the Agency requests the Board to order the Hearing ~fficer to:
1.
Allow Complainant to adduce evidence concerning a
technical solution for the problem involved in
the instant case;
2.
Allow into evidence the exp.osimeter
results
obtained by John Snyder and observed byAbe
Loudermilk;
3.
Allow into evidence the permeahility results done
by
bhc
Illinois Department of Traiisportation soils
lab on the core samples taken from wells on and
in
the area of Respondents’ property; and
4.
Allow into evidence time calculations made by Rauf
Piskin using the permeability values found by th~
Illinois Department of Transportation on core
samples from wells on and in the area of Respondents’
property..
29
—
127
—2—
In the alternative,
the Agency
requests that
the Board order the
Hearing Officer to allow it to make offers of
proof
on the matters
which the Hearing Office denied
the
Complainant
the
opportunity
to
make offers of proof during
the hearing.
The Board will reserve rulinq
on
the admissibility of the
evidence detailed above and will
c:cder
the Hearing Officer to
allow the Agency to make offers of proof on both the technical
solution for the alleged pollution and the matters which the
Hearing Officer denied the Agency
the
opportunity to make offers
of proof on during the hearing.
IT IS SO ORDERED.
I, Christan L. Moffett,
Clerk of the Illinois Pollution Control
Boa d,
hereby certify the above Order was adopted on the
~
day
of
,
1978 by a vote of
~
Christan L. Mofl~f~t,Clerk
Illinois Pollu’t~b1~iControl Board
29
—
128