ILLINOIS POLLUTION CONTROL BOARD

March

17,

1977

PEOPLE OF THE STATE OF ILLINOIS

)

and ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Complainants,

v.

)

PCB 74—480

FORTY-EIGHT INSULATIONS,

INC.,

an Illinois corporation,

Respondent.

ORDER OF THE BOARD

(by Mr. Goodman):

This matter is before the Board upon request of Forty-Eight

Insulations,

Inc.

(Forty—Eight)

that the Board certify the Respondent’

Proposed Report of Proceedings before the Board on January

3,

1975.

The “Proceedings” referred to by Respondent was the regularly schedule

Board meeting of January

3,

1975 wherein the Board,

inter alia,

considered whether or not to accept for consideration cases which had

been filed before

it since the last Board meeting.

The subject of

this consideration,

as stated in Rule 306 of the Board’s Procedural

Rules,

is “Board determination whether the Complaint

is duplicitous

or frivolous.”

A~

a

courtesy

to parti(’~and

to assist the Board

in

th is

d

~t.erm

i nat

i

on,

the

Board

t’nt:erta

in~

comments

by

t

he

part:

~es

Con—

cern

i n~j

wh~thu

the

ma

Lter

is

brougli I

before

the

Board

iii

qood

fa

I

th

whether the Complaint

is clearly legally insufficient on its face,

and whether the same relief has been requested based upon different

grounds in that case or other cases before the Board.

The Board does not consider this any sort of hearing.

There

is

no attempt to fulfill notice requirements

as indicated in the Pro-

cedural Rules,

no recording of the meeting

is taken and,

indeed,

no

25 —81

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—2—

finding

is made unless

it

is that the matter is duplicitous and/or

frivolous.

In this case the Board did not find that the action was

duplicitous or frivolous and the case therefore proceeded

to hearing

in its normal manner.

The Board can find no purpose served by certi-

fying

a bystanders record of

a regularly scheduled Board meeting.

The

Board therefore rejects

the request of Respondent herein

as inappro-

priate.

I,

Christan

L.

Moffett, Clerk of the Illinois Pollution Control

Board, he~ebycertify the above Order was adopted on the (~‘

day

of

,

1977 by a vote of

~/~-O

cA~~f~44~

Christan L. Moff’~), Clerk

Illinois Pollution Control Board

25

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