ILLINOIS POLLUTION CONTROL BOARD
    November 18, 1999
    ENVIRONMENTAL SITE DEVELOPERS,
    INC. an Illinois corporation,
    Complainant,
    v.
    WHITE & BREWER TRUCKING, INC., an
    Illinois corporation,
    Respondent.
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    WHITE & BREWER TRUCKING, INC., an
    Illinois corporation,
    Countercomplainant,
    v.
    ENVIRONMENTAL SITE DEVELOPERS,
    INC., an Illinois corporation,
    Counterrespondent.
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    PCB 96-180
    (Enforcement - Water, Citizens)
    PCB 96-180
    (Enforcement - Water, Citizens)
    (Counterclaim)
    ORDER OF THE BOARD (by M. McFawn):
    On November 15, 1999, countercomplainant White & Brewer Trucking, Inc. (White &
    Brewer) filed a “Motion to Withdraw Motions and Extend Stay,” by which it seeks to withdraw its
    pending “Motion for Partial Summary Judgment” and “Motion for Entry of Scheduling Order.” White
    & Brewer also seeks extension of the stay of proceedings which expired yesterday. The motion states
    that counterrespondent Environmental Site Developers, Inc. (ESDI) joins in the request for extension of
    the stay. Counsel for ESDI has informed the hearing officer that ESDI has no objection to the granting
    of the motion.
    The stay of proceedings in this case was originally imposed in August of 1998, to give the
    parties an opportunity to negotiate a settlement. A year later, in its order adopted on August 19, 1999,
    the Board granted the parties a sixth extension of the stay, but informed the parties that, absent
    settlement of the case or withdrawal of the pending motions by White & Brewer, responses to the
    motions would be due today. The Board hereby allows White & Brewer to withdraw its motions,
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    without prejudice. The Board will not, however, extend the stay. With the pending motions withdrawn,
    there is no impending deadline in this case from which any party needs relief.
    Control over the progress of this case is now returned to the hearing officer. The hearing
    officer, of course, has discretion to delay setting a hearing date or other litigation deadlines while the
    parties continue making progress toward settlement of this matter.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the above
    order was adopted on the 18th day of November 1999 by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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