ILLINOIS POLLUTION CONTROL BOARD
    November 20, 1997
    SIERRA CLUB and JIM BENSMAN,
    Petitioners,
    v.
    CITY OF WOOD RIVER and NORTON
    ENVIRONMENTAL,
    Respondents.
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    PCB 98-43
    (Pollution Control Facility Siting Appeal)
    ORDER OF THE BOARD (by R.C. Flemal):
    This matter is before the Board on a motion to compel filed by Norton Environmental
    on November 6, 1997. On November 17, 1997, Jim Bensman filed a response to the motion
    to compel and a motion for sanctions against Norton Environmental. On November 19, 1997
    Norton Environmental filed a response to Mr. Bensman’s reply regarding the motion to
    compel. Pursuant to the Board’s procedural rules, as the moving party, Norton Environmental
    does not have the right to reply to Mr. Bensman’s response except as permitted by the Board
    or hearing officer to prevent material prejudice. 35 Ill. Adm. Code 101.241(c). The Board
    accordingly will not accept Norton Environmental’s November 19, 1997 reply.
    Norton Environmental requests that the Board order Mr. Bensman to timely serve its
    counsel with any and all documents filed with the Board. According to Norton
    Environmental’s counsel, as of November 6, 1997 it had not yet received Mr. Bensman’s
    brief, which was filed with the Board on November 5
    , 1997
    . Mr. Bensman claims that he sent
    everything to the Board and to Norton Environmental’s counsel simultaneously. Mr. Bensman
    adds that Norton Environmental’s counsel did not provide him with a zip code plus four
    numbers, which he had to obtain via the Internet. Mr. Bensman alleges that Norton
    Environmental’s motion to compel is frivolous and requests that the Board sanction Norton
    Environmental $1000.
    The Board notes that Mr. Bensman’s brief which was filed with the Board on
    November 5, 1997 contains a proof of service which attests that Norton Environmental counsel
    was served by first class mail on November 3
    , 1997
    . Norton Environmental’s counsel appears
    to have acted hastily in filing its motion to compel, even before the customary four day mail
    period had elapsed. However, this action does not rise to the level of sanctionable action. 35
    Ill. Adm. Code 101.280(b) (1996). Mr. Bensman must file with all the parties involved in this
    matter, which it appears he has done. Mr. Bensman is reminded however, that he has not
    been serving the hearing officer with all of his filings with the Board. Mr. Bensman must
    include the Board’s hearing officer with his proof of service.
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    The Board hereby denies Norton Environmental’s motion to compel and denies Mr.
    Bensman’s motion for sanctions.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 20th day of November 1997, by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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