ILLINOIS POLLUTION CONTROL BOARD
    September 2, 1976
    PEOPLE OF THE STATE OF ILLINOIS and
    )
    THE
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    )
    Complainants,
    V.
    )
    PCB 74—452
    )
    GARVEY
    GRAIN,
    INC.,
    )
    a Kansas corporation,
    )
    Respondent.
    ORDER OF THE BOARD
    (by Mr, Goodman):
    This matter comes before the Board upon the August 11,
    1976
    Motion of the People of the State of Illinois and the Environ-
    mental Protection Agency by William J.
    Scott, Attorney General,
    State of Illinois
    (People) moving the hearing officer herein set
    a date certain upon which Garvey Grain,
    Inc.
    (Garvey)
    shall be
    permitted to cross examine the witnesses who appeared at the
    original hearing held in this matter pursuant to the Order of the
    Pollution Control Board entered on October 30,
    1975.
    Upon review of this relatively old action the Board finds that
    due apparently to a clerical error the Board is without sufficient
    record to make an informed decision or to develop an intelligent
    remedy in this case.
    The record before us has neither cross exami-
    nation of Complainants witnesses by Respondent nor Respondent’s
    case in chief.
    In addition the People in their February 18,
    1976
    Motion For Continuance state that technology is presently being
    tested which,
    if successful, will resolve the remaining issues of
    this action.
    Since resolution of the issues herein and the abatement of
    pollution in the state of Illinois are of primary import to the
    23
    —
    357
    —2—
    Board, the Board, on its own Motion, hereby amends its Order of
    October 30,
    1975 herein as follows:
    Upon Respondent’s Motion to Vacate Hearings
    and Findings of the Hearing Officer it is
    the Order of the Pollution Control Board
    that hearings in this matter be reopened for
    the purpose of allowing Respondent to recall
    witnesses for cross examination and for pre-
    sentation of testimony by either party concern-
    ing the issues herein.
    IT IS SO ORDERED.
    I, Christan
    L. Moffett,
    Clerk of the Illinois Pollution Control
    Board,
    herel?y certify the above Order was adppted on the___________
    day
    ofj~z~4~.-~
    ,
    1976 by a vote of
    ~S
    C’
    .1
    .~
    Christan
    L. Móffett-i’/lerk
    Illinois Pollution’~CbntrolBoard
    23
    —
    358

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