ILLINOIS POLLUTION CONTROL BOARD

May

24,

1973

IN THE MATTER OF

PROPOSED BEVERAGE CONTAINER

)

#R71-24

REGULATIONS

ORDER OF THE BOARD

(BY SAMUEL T.

LAWTON, JR.):

The

U.

S. Brewers Association, the National Can Company,

et

al, and the Illinois Soft Drink Association have filed a Motion

to Strike certain testimony and documents from the record.

These

include various communications to the Board, identified as Composite

Exhibit

7 and specified in the motion, testimony offered at the various

hearings with respect to the subjects of energy,

litter, consumerism,

and several specified documents alleged to be hearsay.

We find the motion in its entirety lacking in merit and,

accordingly,

deny it.

The Environmental Protection Act, Section 28, and Procedural

Rule 209 of the Pollution Control Board, both contemplate the sub-

mission of unsworn communications

to the Board in the course of

regulatory hearings.

Basic administrative law does not foreclose

the receipt of hearsay evidence if the same has relevancy to the

matter under consideration.

We believe the Hearing Officer was justified in permitting the

introduction

of all of the materials and testimony objected to.

The Motion to Strike is denied.

IT IS SO ORDERED.

I, Christan Moffett, Clerk of the Pollution Control Board, certify

that the above Order was adopted on the

~

~day of May,

1973, by

avoteof

______

to

8

—