ILLINOIS POLLUTION CONTROL BOARD
    October
    25,
    1973
    ENVIRONMENTAL
    PROTECTION AGENCY,
    Comolainant,
    v.
    )
    PCB 73—109
    ARNOLI)
    N.
    MAY,d/b/a HILLVIEW FARMS
    and HILLVIEW FARMS FERTILIZERS,
    INC~
    a domextic corporation,
    Respondents.
    ORDER OF
    THE BOARD
    (by
    Mr.
    Henss)
    The Environmental
    Protection Agency has
    filed
    a Motion
    for
    Leave
    to File
    a Second Amended Complaint.
    This request
    was filed with
    the Board on October 10,
    1973 and was
    received
    by
    Respondent
    on October
    12,
    1973.
    Hearings
    on
    the merits
    had.
    been scheduled
    for October
    22,
    1973 and those hearings
    had already been held prior to the time
    the Board was able
    to rule on
    the Motion.
    Because
    of the lateness
    of the EPA15
    request
    the
    Motion
    for Leave to File
    a Second Amended Complaint
    will he denied.
    The pleadinas should be settled in sufficient
    time
    so thet all parties might have
    an opportunity
    to prepare
    for trial.
    An amendment coming at
    this late date would not
    give
    the Respondent sufficient
    time
    to prepare
    a defense.
    It is ordered that Motion for Leave to File
    a Second
    Amended Complaint be denied.
    I,
    Christan
    L.
    Moffett,
    Clerk of
    the
    Illinois Pollution Control
    Board,
    hereby
    certify
    the
    above
    Order
    wa
    adopted
    this
    ~
    day
    of
    _________
    ,
    1973
    by
    a vote of ____to ~
    ~:~
    9
    —
    547
    —2—
    we will
    of course consider
    it in deciding
    the environmental
    issues which are presented
    to us.
    Factual information of
    such nature should be presented by sworn statement——not by
    unverified motions
    of
    the type now before
    us.
    We note that
    the charges made by Respondent do relate
    to
    an environmental
    issue and that a procedure
    is available
    for raising that environmental
    issue before us
    if Respondent
    or any other person chooses
    to do
    so.
    Motion for
    a Board Statement and Motion for Protective
    Order are denied.
    IT
    IS SO ORDERED.
    I, Christan
    L.
    Moffett,
    Clerk of the Illinois Pollution Control
    Board,
    hereby certify the above Order was adopted this
    J~”
    day
    of
    ~
    ~
    ,
    1973 by
    a vote of
    ~
    to
    ~
    9— 548

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