ILLINOIS POLLUTION CONTROL BOARD
    September 12,
    1991
    D
    & B REFUSE SERVICE,
    INC.,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 89—106
    (Permit Appeal)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by M. Nardulli):
    This matter is before the Board on the August 19,
    1991 filing
    of
    petitioner’s
    motion
    to
    file
    closing argument
    instanter
    and
    motion
    to
    strike.
    On
    August
    27,
    1991,
    respondent
    filed
    its
    response to petitioner’s motion to strike.
    The Board hereby grants petitioner’s motion to file closing
    arguments
    instanter.
    Petitioner also moves to strike Exhibits
    1
    through
    66 and Exhibit
    74
    from the Agency’s record on the basis
    that
    these
    documents
    predate
    petitioner’s
    filing
    of
    its
    closure/post-closure
    plan which
    is
    the subject
    of this
    appeal.
    Petitioner asserts that the Agency record
    is restricted
    to the
    application, relevant correspondence and the denial.
    (35 111. Ad.
    Code 105.102 (a) (4).)
    The Agency responds that section 105.104(a) (4)
    provides the
    minimum of what must be included in the Agency record and that it
    may also include information upon which it relied
    in reaching its
    determination.
    The Agency has included an affidavit of the permit
    reviewer assigned to this case which attests that he relied upon
    the
    disputed
    exhibits
    in
    reviewing
    petitioner’s
    closure/post-
    closure plan.
    Given
    that
    the
    Agency
    states
    that
    it
    relied
    upon
    these
    exhibits
    in
    reaching
    its
    determination,
    the
    Board
    denies
    petitioner’s
    motion
    to
    strike
    these
    exhibits
    from the
    record.
    However, the Board makes no finding at this stage in the proceeding
    as to whether
    these
    exhibits were properly relied
    upon by the
    Agency.
    IT IS SO ORDERED.
    I, Dorothy N.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    hereby cert,~ythat the above Order was adoptedpn the
    /~(~-
    day of ,LiJ~L~~
    ~1991 by a vote
    of,,~2
    /i3
    ~
    L
    ~
    ~1
    ~
    Dorothy N.~~unn,Clerk
    Illinois ~$1lution Control Board
    126— 13

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