ILLINOIS POLLUTION CONTROL BOARD

February 21, 1974

CITIZENS FOR A BETTER ENVIRONMENT,

An Illinois Not—for-Profit Corp.,

Complainant,

v.

)

PCB 74—19

INTERNATIONAL HARVESTER

COMPANY,

)

Respondent.

ORDER OF THE BOARD (by Mr. Henss)

Respondent

International Harvester Company has filed a

Motion requesting this Board to

vacate the assignment of the

above entitled case to

its Hearing Officer Paul Kaiser.

International Harvester states

that this Board has not deter—

mined whether the Complaint is duplicitous or frivolous and

Respondent has not had notice which would permit it to appear

before the Board and attack the sufficiency of the Complaint.

The matter has been scheduled for hearing on the merits on

March 11, 1974.

The Complaint was reviewed by the Board prior to the time

it was assigned to a hearing officer, but apparently the

Respondent did not have that notice which is specified in

Rule 306 of our Procedural Rules. Therefore, we shall order

the hearing officer to delay the hearing for at least 30 days.

This will allow Respondent the opportunity to file any motion

it

considers necessary to attack the sufficiency of the Complaint.

The hearing officer is ordered to delay hearing for at

least 30 days from March 11, 1974.

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

Board, her by certify the above Order was adopted this

~I ~

day of

~

1974 by a vote of

~

to ~

11

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