ILLINOIS POLLUTION CONTROL

BOARD

July 27, 1989

MODINE MANUFACTURING COMPANY,

)

Petitioner,

v.

)

PCB 88—25

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD

(by J. Anderson):

This matter

is before the Board on Petitioner’s July

17,

1989, Unopposed Motion to Supplement Record.

The Environmental

Protection Agency

(Agency)

is

represented as having no objection

to the motion and has not,

in

fact,

file an objection with this

Board.

The instant motion requests the Board to accept into the

record a letter to petitioner dated June

2, 1989,

from Toby D.

Frevert, Manager of

the Planning Section of the Agency’s Division

of Water Pollution Control, denying petitioner’s three lagoon

exemption request.

Insofar as

the Petitioner,

at the Board

hearing held on May

25,

1989,

had alluded to the pending

exemption request, petitioner suggests that the Agency’s denial

of

its request

is relevant to

the pending petition in this

case.

Petitioner asserts no prejudice to any parties

will

result

from admission of

the letter since

the

issue was fully described

at hearing and the parties will have the opportunity

to refer to

the

letter

in their

respective briefs.

No decision due date has

been established.

The Board finds that acceptance of such

letter as a

supplement

to the record will not prejudice the parties or

foster

unreasonable delay.

The motion is granted.

IT

IS SO ORDERED.

I,

Dorothy

M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certi~ythat the above Order was adopted on

the

-~7-~’--day of

~

(~

,

1989,

by

a vote of

________

/1

~

Dorothy

M.~’Gunn, Clerk

Illinois Pollution Control Board

101—245