ILLINOIS

POLLUTION CONTROL BOARD

May 26,

1977

ENVIRONMENTAL PROTECTION AGENCY

and

CITIZENS

FOR

A

BETTER

ENVIRONMENT,

Complainants,

v.

)

PCB 76~242

INTERLAKE,

INC..,

Respondent~

ORDER OF THE BOARD

(by Mr. Goodman):

On May 10,

1977,

Interlake filed a Motion with the Board

to

Vacate the Order of the Hearing Officer made on April

19,

1977.

That Order arose out of two requests by the Intervenor in the

present cause.

On March

11,

1977 CBE filed with the Hearing Officer “Motion

to Take Pictures”,

The Motion was granted on March

16,

1977,

the

same date CBE intended to photograph

the

Interlake

facility.

Inter—

lake orally objected on that same day.

April 13, 1977 CBE

sent

a

letter to Interiake requesting permission

to take certain “photo

sequences”.

Six days later, April

19,

the Hearing Officer ordered

Intervenor be allowed to photograph the facility.

This Motion

to

the Board to vacate that Order was filed on May 10,

In the Motion,

Interlake contended that the Hearing Officer~sOrder permitted

actions which were not properly

a subject of discovery and that the

Hearing Officer did not follow the procedural requirements in grant-

ing CBE~sMotion.

The

Board

grants

Intorlako

s

Motion

to

Vaca to

the

Hearing

Off—

icer~s

Order

of

April

19,

1977.

Under new

Procedural

Rule

308(c)

a

party

is

given

seven

(7)

days

in

which

to respond to

a

motion.

How-

ever,

the Hearing

Officer

ruled

on CBE~sMotion

prior

to

allowing

sufficient time for response.

Therefore, because of the failure

to

follow

the Board~sProcedural

Rules,

the Board remands the matter

to

the Hearing Officer

for further consideration

in accordance with this

Order.

IT IS SO ORDERED

25

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569

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—2—

I,

Christan L.

Moffett,

Clerk of the Illinois Pollution

Control

Board,

hereby certify the above Order was adopted on the

(~

day

of

~

,

Illinois Pollution ~.~trol

Board

25

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