PEORIA DISPOSAL COMPANY,
Petitioner,
V .
PEORIA COUNTY BOARD,
Respondent .
RECEIVED
CLERK'S OFFICE
NOV 0 b 2006
Pollution
STATE OF
Control
ILLINOISBoard
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
G'-)IGINAL
PCB 06-184
(Pollution Control Facility Siting
Appeal)
MOTION FOR LEAVE TO SUPPLEMENT RECORD ON APPEAL
AND FILE SECOND AMENDED INDEX
NOW COMES,
Respondent, the Peoria County Board, by and through its
attorneys, and for this Motion for Leave to Supplement Record on Appeal and File
Second Amended Index, states as follows :
1 . On or about July 27, 2006,
Peoria County Clerk filed and then certified the
Record on Appeal in the above captioned matter .
2 . On or about August
17, 2006, the Peoria County Clerk filed a Supplement to
the Record on Appeal, pursuant to the Hearing Officer's Order dated August 3, 2006,
containing the agency record on paper, which was filed out of chronological sequence .
3 .
During the course of discovery in this matter, Respondent has learned that
certain documents that should have been included in the Record on Appeal were not
contained in either the first or supplemental filings .
4 .
The Board's rules require the record to include all information or evidence
presented to the local siting authority or relied upon by the local siting authority during
its hearing process .
5 .
While the Board's rules regarding the filing of the record on appeal do not
specifically authorize supplementing the record on appeal after the initial certification,
other Board rules would appear to impose on parties a duty to supplement when
appropriate
.
6.
Based upon the information obtained during the course of discovery and a
review of the existing Record on Appeal, Respondent believes the following items should
have been included in the Record on Appeal, but were not due to inadvertence :
a.
The Supplemental Staff Report for Peoria Disposal Company
Application for Local Siting Approval which was presented by County Staff at the
April 3, 2006, subcommittee meeting ;
b.
The Proposed Findings of Fact prepared by County Staff for
consideration by and distributed to the County Board prior to the April 6, 2006,
committee meeting at which the Proposed Findings of Fact were reviewed and
discussed; and
c.
The one (1) page sheet of findings of fact generated by County
Staff at the May 3, 2006, County Board meeting incorporating the one change
decided and made by the County Board at that meeting .
7.
The Supplement Staff Report identified in paragraph 6(a) above was
reviewed and considered by the local siting authority during the proceedings, and should
properly be made a part of the Record
.
8 .
The Proposed Findings of Fact identified in paragraph 6(b) above were
reviewed and considered by the local siting authority during the proceedings, and should
properly be made a part of the Record .
2
9.
The one page sheet of findings identified in paragraph 6(c) above
documents the one change made to the Proposed Findings of Fact at the May 3, 2006,
County Board meeting, and should therefore properly be made a part of the Record
.
10.
Respondent believes it is fair, appropriate and necessary to a complete and
thorough review of the issues on appeal to include the above referenced items into the
Record on Appeal .
11 .
The failure to include said documents in the initial filings was due to
inadvertence, and was not intended to cause delay or prejudice to any party
.
12.
Enclosed with this motion are copies of the documents referenced above
which have been bates stamped out of chronological sequence, but numbered sequentially
following the present end of the numbering of the Record on Appeal, as well as a
proposed Second Amended Index should the Board grant this motion
.
13.
There will be no prejudice to either party or the public caused by allowing
the County to supplement the Record on Appeal in this matter
.
14.
If this motion is granted, the County Clerk will file the appropriate number
of copies and a new certification of the Record
.
WHEREFORE, the County respectfully requests the Board grant the County
leave to supplement the Record on Appeal, and file the additional documents and Second
3
Amended Index as part of the Record .
DATED : October 31, 2006.
Black, Black & Brown
Attorneys at Law
101 S . Main Street
P .O . Box 381
Morton, IL 61550
Phone : (309) 266-9680
Fax : (309) 266-8301
Respectfully submitted,
By
4
David A. Brown, ne of he
eys
for Peoria County
