ILLINOIS POLLUTION CONTROL BOARD
    October
    5,
    1982
    ILLINOIS ENVIRONMENTAL PROTECTION
    AGENCY,
    Complainant,
    v.
    )
    PCB 81—98
    WASTELAND,
    INC., an Illinois
    )
    Corporation, VERNON LAMOREAUX,
    DENNIS
    )
    LAMOREAUX, ROGER PEMBLE, and WASTE
    )
    RESOURCES CORPORATION,
    an Illinois
    )
    Corporation,
    Respondents.
    ORDER OF THE BOARD
    (by J.D.
    Dumelle):
    On September 17,
    1982 the respondents
    in this matter filed
    a
    motion to modify the Board’s Order of August 26,
    1982, arguing
    that the Order was based upon hearsay and that the penalty ~ind
    performance bond imposed were not adequately supported by the
    record.
    The Illinois Environmental Protection Agency filed a
    response on September 30,
    1982 which argued that the hearsay
    testimony fell under the admission of a party opponent exception
    and that the record clearly substantiated the need for such
    a
    penalty and performance bond.
    The Board agrees with the Agency
    on both points and Respondents’
    September 17, 1982 motion is
    hereby denied.
    Further, even if such statements did not fall
    under a hearsay exception, such evidence could be considered
    pursuant to Section 103.204 so long as
    it “would be relied upon
    by reasonably prudent persons in the conduct of serious affairs.”
    The Board notes that the Agency’s response was accompanied
    by a motion to modify the Board’s August 26, 1982 Order.
    The Board
    will not rule on that motion
    at: this time in that the respondents
    have not yet responded to that motion and the response time has
    not yet lapsed.
    IT IS SO ORDERED.
    Board Member N.
    Werner abstained.
    I,
    Christan L. Moffett,
    Clerk of the Illinois Pollution
    Control Board, hereby certify that the above Order was adopted on
    the
    _______day of
    ~C~~J~/t&.i
    ,
    1982 by a vote
    of
    q~
    “1
    ~
    ~
    •
    ~.
    ~
    Chistan L. MoffetL~Clerk
    Illinois Pollution Control Board
    49-07

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