ILLINoIs

POLLUTION

CONTROL BOARD

August 30,

1973

ENVIRONMENTAL

PROTECTION

AGENCY

Complainant

v.

)

BCE

72—LIE

ILLINOIS

CENTRAL

GULF

RAILROAD

COMPANY,

Respondent:.

ORDER

On

May

8,

1973,

Respondent,

Illinois

Central.

Cul t~ Cal

~.

~oaC

Company,

requested

oral

argument

or,

in

the

alt:ernativc,

that

we

grant

leave

to

file

written

briefs.

Ny

order

of

this

Board

dated

June

14,

197:3,

the

parties

were

granted

the

right

to

file

written

briefs;

however,

oral

argument

was

not

authorized.

Despite

a

close

readinq

of

the

Record

of

hearing

and

the

briefs

filed by

the

parties,

there

remain

unresolved

certain

questions of fact crucial

to

a reasoned determination

of this

cause.

This Board

is particularly

interested

in clarifying

the

conflicting state of

the evidence regarding

the condition

of all

of

the

tributaries to Fulton Creek imnediately upstream of

Respondent’ s facility.

The Board has,

therefore,

scheduled

oral argument on

this

cause for September

13,

1973

at 2:00 p.m.

IT

IS SO ORDERED.

I, Christan

L.

Moffett,

Clerk of

the

Illinois Pollution Control

Board,

certify that

he above Order was

adopted by

the

Board

on

the

~

day

of

___________,

1973, by

a vote

of

~

to

~.

9

—