ILLfl’~OISPOLLUTION CONTROL BOARD

September

18, 1975

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

PCB 75-56

RANDALL L.

LOVELESS,

)

Respondent.

INTERIM ORDER OF THE BOARD

(By Mr. Zeitlin):

This matter

is before us on an Interlocutory Appeal

brought by Complainant Environmental Protection Agency.

Complainant appeals certain rulings made at hearing by the

Hearing Officer.

We find that

1.

The Hearing Officer’s characterization of this

proceeding as “criminal” was serious error.

2.

The Hearing Officer’s ruling to exclude Complainant’s

evidence was e~ror.

The issues raised on Complainant’s Motion are decided

for Complainant.

This cause

is remanded to the Hearing

Officer for further hearing or proceedings in conformity

with this decision.

IT IS SO ORDERED.

I,

Christan

L. Moffett, Clerk of the Illinois Pollution

Control Board,

hereby certify the above

I terim Order was

adopted on

the

~

day of

_____________,

1975 by

a vote ~

Illinois Pollution

~trol Board

18

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