ILLINOIS POLLUTION CONTROL BOARD

May 20,

1993

MATERIAL RECOVERY CORPORATION,

Petitioner,

v.

)

PCB 93—11

)

(Landfill Siting)

VILLAGE OF

LAKE

IN THE HILLS,

)

Respondent.

ORDER OF THE BOARD

(by G.

T.

Girard):

On April 30,

1993,

respondents filed a motion for leave to

file an affirmative defense.

Petitioners have not responded.

An

affirmative defense is generally allowed in an enforcement

proceeding under 35

Ill.

Adni. Code

103 of the Board’s rules.

However, this

is a landfill siting appeal and not an enforcement

action.

The respondent will have sufficient opportunity to raise

its arguments at hearing and in briefs.

Therefore,

the Board

denies the motion to file an affirmative defense.

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

~xZ~—

day of

_______________,

1993, by a vote of-~

~

.,

Clerk

~1ution Control Board

r~

~~_fl~•

iJ