ILLINOIS
POLLUTION
CONTROL
BOARD
May 18~ 1984
VILLAGE
OF LOMBARD,
Petitioner,
V.
)
PCB 83~-147
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
Respondent.
INTERIM ORDER OF THE BOARD
(by
J.
Anderson):
In response to the Board~sOrder of April
16,
1984 inviting
the filing of missing exhibits,
the following filings were made:
April
30,
1984
Agency exhibits submitted by Wayne
Wiemerslage:
7 documents, exhibit
number
listed on only
1 document
May 1,
1984
Citizen~sGroup Exhibit
3 submitted
by Gloria
Allen
May
8,
1984
Petitioner~s
Exhibit 8
and
10 sub~-
mitted by the
Village*
Duplicate copies
of the original filings were transmitted to the
Hearing Officer May
15,
1984.
Concerning Agency exhibits,
in the cover letter,
the Agency
attorney stated that he did not ~have a copy of the exhibit that
Was a letter from a developer to Lombard Director of
Planning
Thomas Taylor or of the response if any.
Lombard would
have
the
originals.~
The
Board notes that three, and not one,
Agency
exhibits would still appear to be missing,
since ten were marked.
Comparing the Agency filing with the transcript, the Board
*Concerning this filing, the Board notes that Pet.
Exh,
10,
the Huff
& Huff report,
was submitted as Exh,
2 to the
variance
petition.
Pet,
Exh,
8 is Table
1, which appeared as
p.
17
of
that report~ On and since April
16,
the petition and the report
have
been in the
Board~s
files,
although the copies
tendered as
exhibits at hearing are not,
58425
2
questions
whether
these
exhibits
are
the
letters
requesting
information/extra
time
of
Mr.
Taylor
from
Mr.
Jadown,
Mr.
Al Fox,
and
Mr.
Matt
Fox
(to
which
there
were
no
written
replies)
referred
to
on
p.
158—162
of
the
transcript
of
the
January 4,
1984
hearing.
These
documents
were
originally
the subject of an
Agency
Notice
to
Produce directed to Lombard
(p.
133).
Lombard
is accordingly requested to review its files and,
on or before
June
1,
1984 to
either file copies
of
these
letters or to explain
their unavailability,
and
to make service of this
filing on all
parties and the
Hearing Officer.
Any
responses
to
said
filing
shall
be filed on
or before
June
12,
1984.
The Board also notes
the Village’s filing
on April
25,
1984
of a Motion for Clarification
of exactly what
was the Phase II
sewer rehabilitation project
referred to in the
Order, and
offering
to provide a map to be
incorporated
into the Order.
On May
3,
the Agency objected to the filing of any map
“unless
all parties have 30 days to review and
comment on it”.
On
May
1, Arthur
Allen had also
filed an
objection, both
on the
grounds
that the evidence should have been
submitted before
the
close
of the record, and because there
would
“be no witness to
identify the exhibit or to submit to cross-examinations’,
On
May
10,
1984, the Village filed a copy of
a
map/drawings
submitted by the Village to the Agency March 18,
1983 and
approved by the Agency May
11,
1983 with a
cover memo of
Andrew
P.
Ftacek,
Jr.
P,E.
George Fyler objected
to the Village’s
motion
for clarification and May 10 filing on May
16,
1984.
In response to the Agency~sMay
3 motion
for review time,
the Board will allow objections to the map/drawings
to be
filed
until June 1,
as the Board believes three weeks
should
rovide an
adequate review period.
Any response from Lombard
shal
be
filed
on or before June
12,
1984.
The Board will defer any ruling on the Village’s
April
25
motion to clarify until after June
12,
The Board
will similarly
defer ruling on the other motions filed since April
16,
1984,
i.e.,
the Fyler April
23 motion to reconsider, the Allen April
24
motion
for
modification, and the Allen May
1 motion for
reimbursement,
IT
IS
SO
ORDERED.
I,
Christ.an
L. Moffett,
Clerk
of
the
Illinois
Pollution
Control
Board,
her~by certify
that
the
above
Interim
Order was
~
~
1984 by a vote
an
L.
Mo
,
Clerk
Illinois
Pollution
Control Board
58426