ILLINOIS POLLUTION CONTROL BOARD

December 19, 1974

ENVIRONMENTAL PROTECTION AGENCY,

)

Complainant,

vs.

)

PCB 74—400

MURREL

WEEDMAN,

Respondent.

ORDER

OF

THE

BOARD

(by

Mr.

Henss):

Complainant Environmental Protection Agency h.~smoved for

the appointment of

a different Hearing Officer, alleging that the

Hearing Officer made comments at a pre—hearing conference which

were prejudicial to the rights of the Complainant.

Respondent

has objected to the motion, stating that the Hearing Officer dis-

played good judicial temperament and at no time displayed prejudice

for or against either party.

The Pollution Control Board finds

that the motion is without

merit.

The conversation and differences of viewpoint expressed

at the pre-hearing conference do not and will not influence the

Pollution Control Board in its decision.

Our decision will be on

the merits of the case following the submittal of a settlement

proposal or

a record of the testimony taken in a contested hearing.

The Agency does not complain of any ruling made by the Hearing

Officer but states that remarks made by him in the presence of the

Respondent will make it more difficult for the Complainant to obtain

a settlement.

These remarks were in the nature of

a review of Board

action on similar cases and we do not see how they could have caused

prejudice to any party.

We sympathize with Complainant in its desire

to dispose of the case in the easiest manner possible, but the

conversation at the pre—hearing conference will have no influence upon

its ultimate outcome.

It

is Ordered that the motion for appointment of a different

Hearing Officer be and it is hereby denied.

I, Christan L. Moffett, Clerk of the Illinois Pollution Control

Board, I~rehycertify the above Order was adopted this

_______

day of

j

J~A~b~k,

1974 by a vote of

3

to

~

7~It~)

14

—