ILLINOIS POLLUTION CONTROL BOARD

March

2,

1972

In

the Matter of

#R72—1

TRANSCRIPTS

Opinion

of the Board

(by Mr.

Currie):

As forecast in our explanation

to an earlier proposal

to

require petitioners

in variance and permit cases

to

furnish

transcripts

at

their

own

exuense

(#R

71-21,

in

Newsletter

#32

Oct.

13,

1971)

,

the

costs

of

transcripts

in

the

numerous

cases

brought before the Board are

far outdistancing

our

appropriation

for

this fiscal year.

We are seeking

a deficiency appropriation.

At the same time, however, we must make some alternative

provision

in order

to avoid closing down

the Board’s operations

during irterim and

in the event of

a delay or denial of that

request.

The

only

relief

we

think

feasible

is

to

require

earties

is

all

ci~ses to

p’~ovide tr

cripts

th~i?

expense.

and

‘~:aat

is

what

we

here

nrovlda.

We

earlier

adopted

~

rule

shif~:1n$

the

cost

in

permit

and

7ar!rnce

c~sos

tc

the

pe~.itioaer.

(#R

7~—21,

Jan.

17,

1~72)

.

Today

a

rule apolies

to

enforcement

ca.~es

-

We

have

included

a provision allowing the Board, to the extent

finances

permit,

to

bear

the

cost

in

cases

of

financial

hard-

ship,

and

another

allowing

us

to

reassurne

all

transcript

costs

immediately

upon receipt

o1

an adequate appropriation.

We

believe

it most appropriate

that

t.he Board bear these costs,

and we view today’s regulaticn~as an interim measure only.

We

think

Lt prefer~bie to follow standard court practice

for

a while

than to stop hearing cases, which would close down the pollution

control

program.

Mr. Aldrich dissents,

and Mr.

Dumelle

was

not

present

when this regulation was adopted.

ORDER

Rule 328

of Chapter

1 of the Rules and Regulations of the Illinoi

Pollution Control Board is hereby amended to read as follows:

328

Transcript.

(a)

The party seeking relief

from

the Board shall

provide

or

arrange

for

a

court

reporter,

wno

shall

take

down

the

entire

hearing.

Costs

for

the services

of the

reporter

shall

he

borne

by

the

rarties

as

the

Hearing

~ff

ice

in the

abse:ice oi

agreement,

shall determine.

Within

15

3

*

721

---

days

following

the

close

of

the

hearing,

each

party

shall

furnish

to

the Board,

at his own expense, seven copies cf a

verbatim transcript of those portions

of the proceedings

which

he wishes the Board to consider.

(b)

Upon motion and good cause shown the Board

may assume any portion of the

cost of such transcript,

to

the

extent

consistent

with

available

funds,

in

cases

of

financial

hardship.

(c)

Any

person

may

suggest

corrections

in

the

transcript

as filed.

Corrections shall be determined

by

the

Hearing

Officer.

(d)

The

Board

may reassume transcript costs

in any

class

of proceedings upon receipt of adequate appropriations

at

any

time.

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

that the Boar

adopted the above Opinion

& Order

this

~

day

of

___________,

1972,

by

a

vote

of

J— /

3

—