ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    April 16, 1984
    VILLAGE OF LOMBARD,
    )
    Petitioner,
    )
    v.
    )
    PCB 83—147
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD (by J. Anderson):
    It has come to the attention of the Board that three
    exhibits entered into evidence at the December 7, 1983 hearing
    are not on file with the Board. These exhibits are, as described
    in the hearing record: Citizens’ Exhibit 1, a photo taken by
    Linda Sullivan circa 1980 of flooding in Lombard CR. Dec. ‘83 p.
    285—287); Citizens’ Exhibit 2, a letter submitted by Mrs. Sullivan,
    written by Dr. Robert C. Felice, concerning allergies of Matthew
    Sullivan (R. Dec. ‘83 p. 285, 287—288) */; and Citizens’ Group
    Exhibit 3, presented by Gloria Allen, consisting of letters/aff i—
    davits of 37 citizens whose homes are “on the 54 inch combined
    sewer line” who have been adversely affected by surcharging, and
    “336 signatures” of Village residents requesting denial of variance
    (R. Dec. ‘83 p. 315—318).
    Agency exhibits are also missing from the file. These
    exhibits, introduced at the January 4, 1984 hearing, are Agency
    Proposed Exhibits 1-10, discussed at p. 133, 158-162. These fall
    into two categories. Exhibits 4, 6, and 10 are apparently letters
    addressed to Mr. Taylor, which the Hearing Officer admitted over
    objection (R. Jan. ‘84, p. 161). The Agency moved for admission
    of the rest of the exhibits, but, while no objection was made,
    */ The Board notes that a notarized original of this letter
    received by the Board December 6, 1983, is contained in its
    public comment file in this case. It is not, however, the actual
    exhibit received and marked at hearing, since the Board retained
    this original and sent duplicates to the Hearing Officer and Mrs.
    Sullivan via one of its staff who attended the December 7 hearing.
    The original will, however, be marked as Citizens’ Exhibit No. 2
    and placed in the exhibit file.
    57-407
    2
    the record does not formally indicate their acceptance into
    evidence (R. Jan. ‘84, p. 158-161). Given the lack of objection,
    Agency Exhibits 1, 2, 3, 5, 7, 8 and 9 should also have been
    included in the Board’s record in this matter.
    To protect the rights of all parties to this action both
    before the Board and before any appellate court, the Board on its
    own motion will open this proceeding for reconsideration. Any
    party or other person in the possession of either the originals,
    or duplicate copies, of these exhibits are requested to file them
    with the Board on or before May 10, 1984. Duplicate copies of
    any filed exhibits will then be transmitted by the Board to its
    Hearing Officer. Any objections to the accuracy of any such
    filings shall be made to the Hearing Officer on or before May 21,
    and any responses thereto on or before June 1, 1984. Prior to
    ruling on any such objections, the Hearing Officer shall schedule
    and hold a hearing limited to discussion of any claimed dis-
    crepancy between the exhibits as originally entered and those
    filed with the Board pursuant to this Order.
    Upon completion of the record, the Board will enter an Order
    affirming, reversing, or otherwise amending its March 21, 1984
    Opinion and Order.
    Finally, the Board notes that this reconsideration is not
    subject to statutory time deadlines, see Modine Mfg. Co. v.
    IPCB,
    40 Ill. App. 3d 498, 351 N.E. 2d 875 (1976). However, the Board
    will handle this matter as expeditiously as is practicable.
    IT IS SO ORDERED.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify that the above Order was adopted on
    the__f~4dayof
    ,
    1984 by a vote
    of
    .
    Christan L. Moff~, Clerk
    Illinois Pollution
    Control Board
    57-408

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