ILLINOIS POLLUTION CONTROL BOARD
    December 18, 2003
     
    ILLINOIS AYERS OIL COMPANY,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 03-214
    (UST Appeal)
     
    ORDER OF THE BOARD (by G.T. Girard):
     
    On December 8, 2003, petitioner filed a motion for interlocutory appeal and expedited
    review of an emergency motion to stay. Specifically, petitioner asks that the Board overrule a
    December 2, 2003 hearing officer order denying petitioner’s motion to compel discovery. On
    December 15, 2003, the Illinois Environmental Protection Agency filed a response to the motion.
    The Board will grant the motion for interlocutory appeal.
     
    The Board has reviewed the December 2, 2003 hearing officer order and the arguments
    set forth by the parties. The Board finds nothing in the arguments to warrant overruling the
    hearing officer. Therefore, the Board affirms the December 2, 2003 hearing officer order.
     
    IT IS SO ORDERED.
     
     
    Board Member T.E. Johnson dissented.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on December 18, 2003, by a vote of 4-1.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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