ILLINOIS

POLLUTION

CONTROL BOARD

January 20, 1977

I~WiIRONMLNTAL

PROTECTION

AGENCY,

Complainant,

~iOWO

S.

(~ERNIE

)

JOHNSON

)

~nd

NOR~1A

I.

JOHNSON,

d/b/a

BYRON

SALVAGE,

)

Respondents;

PCB

74—471

PCB 76—210

WILFORD

ERNEST JOHNSON,

)

(CONSOLIDATED)

and

NORMA

I,

JOHNSON,

)

Complainants,

v.

thV IRONMENTAL

PROTECTION

AGENCY,

)

Respondent.

~NTERIM

ORDER

OF

THE

BOARD

(by

Mr.

Zeitlin):

Tha

Environmental

Protection

Agency,

Respondents

in

PCB

76-210,

flied

a

Motion

for

Sanctions

on

December

28,

1976.

That

Notion

aileqed

that

Wilford

E,

and

Norma

I.

Johnson,

Complainants

in

PCB

7fl210,

had

failed

to

comply with orders of the Hearing Officer,

specifically

failing to respond to

Interrogatories,

a Request for

Witness

List,

and

a Motion to Produce Documents.

The requested

sanctI~ons

were

dismissal with prejudice,

default judgement,

etc.

Al

~hoU~Jh

Coniploinon

ts

did

not:

respond

Lo

Lita 1: Met

ion

for

Sanctions,

they

did

file with the Board

a copy of their pleadings

in

response

to

Respondent’s Interrogatories, etc.,

on January

17,

1977.

While Complainant’s responsive pleadings were certainly late,

examination

of

those pleadings indicates that any prejudice

to

Respondent

on that account will not be such as would justify the

requested sanctions.

Respondent’s Notion for Sanctions

is denied.

IT

IS

SO

ORDERED,

Mr.

James

Young

abstained.

24

—

589

---

—2--

I,

Christen

L. Moffett, Clerk of the Illinois Pollution

Control

Board,

hereby

certify

the above Interim Order was adopted

on

the

~

day

of

,

1977,

by

a

vote

of

j’..-~

Christan

L. Moffett,

.erk

Illinois Pollution Control Board

24

—

590