ILLINOIS POLLUTION CONTROL BOARD
    August 1, 1985
    M.I.G. INVESTMENTS
    ,
    INC., and
    UNITED BANK OF ILLINOIS,
    )
    )
    Petitioners,
    v.
    )
    PCB 85—60
    ELLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    Respondent.
    IWTERIM ORDER OF THE BOARD (by 3. Anderson):
    On July 22, 1985 the Agency moved for leave to file its
    record instanter, as well as for leave to file an attachment
    inadvertently omitted from the brief it filed July 19, 1985.
    The
    motions are granted.
    On July 19, the Agency also filed a motion for an emergency
    Board meeting, premised on the belief that this case was due for
    decision on August 3. The motion was withdrawn by filing of July
    31, as at the time of filing the motion counsel for the Agency
    had not received a copy of the Board’s Order of July 11, which
    had noted that the due date for this matter had been waived until
    August 15.
    On July 30, M.I.G. filed a motion for leave to file its
    reply brief instanter, for reason of delay in its receipt of the
    Agency record. This motion is granted. To the extent that the
    brief appears to request that the hearing statement of Jerry
    Grubbs be stricken from the record (see p. 9—il), the motion will
    be taken with the case; to the extent it seeks to have a written
    statement stricken (see p. 10), the Board notes that no such
    statement appears to have been received, as it is not reflected
    in the Board’s docket book.
    As to the Board’s July 11, 1985 inquiry concerning prior
    permit history of the site, the Agency’s July 31, 1985 Response
    to the Board Order states that no such data is found in the
    Record; further, the Agency did not consider such matters in
    arriving at its decision to deny Petitioner’s permit application
    (p. 1). The Board does not follow the logic of this assertion.
    A past permit would necessarily be consulted in considering a
    permit modification. The “permit application” (Item 3) as
    forwarded to the Board consists only of a transmittal letter and
    a notation “enclosures not included”; the extent of the alleged
    recontouring at issue is not of record, nor are the contours, if
    any, approved in any past permit. While M.I.G. in its brief
    supplies certain factual information (p. 8—9), the Board notes
    65-169
    —2—
    that such information is not supported by affidavit. The Board
    grants leave to remedy these deficiencies by appropriate filings
    through and until August 8, 1985, at which time the record shaU
    close unless a waiver of the decision deadline is received.
    Copies of any such filings shall be mailed directly to the
    downstate Board Members at their addresses below:
    Dr. Ronald Flema.
    Dr. John C. Marlin
    illinois Pollution Control
    Illinois Pollution Control
    Board
    Board
    P. 0. Box 505
    104 West University Avenue
    DeKaib, Illinois
    60115
    Urbana, Illinois
    61801
    The Clerk is directed today to notify counsel for each of
    these parties by telephone of the contents of this Order.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, ,~,rebycertify th~(the above Order was adopted on
    the/
    day of _______________________, 1985, by a vote
    ~.
    Dorothy M. unn, Clerk
    Illinois Pollution Control Board
    65-170

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