ILLINOIS POLLUTION CONTROL BOARD

September 6, 1972

ENVIRONMENTAL PROTECTION AGENCY

Complainant,

vs.

)

NO. PCB 72—49

BENJ. HARRIS &

CO.,

Respondent.

ORDER OF THE BOARD ON MOTION FOR ASSIGNMENT OF NEW HEARING OFFICER

(by Mr. Henss)

Respondent asks us to assign a different Hearing Officer

to the case and order additional time for discovery and a

second pre—hearing conference. In support of this motion

Respondent gives a history of the case in an attempt to prove

that the Hearing Officer has been guilty of prejudicial conduct

detrimental to Respondent’s defense. We have reviewed the case

history and must reject Respondent’s conclusions. In our

opinion there has been no proof of prejudicial conduct on the

part of the Hearing Officer. The case has been pending almost

seven months——ample time for discovery——and hearing has been

postponed five times. The hearing date of September 7th was

ordered by this Board because of the excessive delay in bringing

this matter to hearing on the merits.

Respondent also requests that a Member of this Board attend

all further proceedings. It would be physically impossible for

the Board Members to attend to all of their duties if they were

to participate in such proceedings and we adhere to our use of

the Hearing Officer procedure.

The Motion is denied.

Mr. Lawton did not participate in the discussion or decision.

I, Christan L. Moffett, Clerk of th.e Illinois Pollution Control

Board, certify that the Board adopted the above Order this 6th

day of September, 1972 by a vote of

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Christan L. Moffett, Clerk

Illinois Pollution Control Board

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