ILLINOIS POLLUTION CONTROL BOARD
September
9,
1993
J
& M PLATING,
INC.,
Petitioner,
v.
)
PCB 93-73
)
(Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD
(by J. Anderson):
On August 23,
1993 J&M Plating,
Inc.
(J&M)
filed a motion
requesting the Board to supplement the record by incorporating
another document into J&M’s earlier supplement to the
administrative record.
The requested supplement, attached as
Group Exhibit
T,
consists of an Illinois Environmental Protection
Agency
(Agency) document dated February 13,
1985:
In the Matter
of: Alloy Plating Corporation, Notice to Parties Liable for a
Release or a Substantial Threat of
a Release. The Agency has not
responded to the motion.
In support of its motion to supplement, J&M states that it
inadvertantly omitted the above document when it filed an earlier
July
19,
1993 motion to supplement the record.’
The July
19,
1993 motion was granted by the Board on August
5,
1993.
J&M asserts that the attached Group Exhibit T:
a)
shows that
the Agency itself in 1985 alleged a release of certain hazardous
substances at the site with a threat of further releases in the
future; and b)
that despite formal allegations contained in the
Agency’s February,
1985 notice,
the Agency “did not require a
full site characteriztion and cleanup in 1985 and 1986”.
J&M
further asserts that Group Exhibit T is provided from the
Agency’s own files, having been obtained as a result of a Freedom
of Information Act Request as shown by Group Exhibit S of the
petitioner’s earlier supplement to the record.
The Board grants J&M’s motion to incorporate Group Exhibit T
into its earlier supplement to the record for the reasons
expressed in the Board’s August
5,
1993 order.
The Board will
not repeat those reasons here except to again emphasize that
it
is not inferring that it has hereby determined that the
information contained
in the exhibits
is relevant to this matter.
IT IS SO ORDERED.
We note that on June
3,
1993, the Board also granted a May
26,
1993 motion by the Agency to supplement the record.
2
I,
Dorothy M.
Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify 1~hat
the
above order was adopted on the
_______
day of
___________________,
1993,
by a vote of
~
7.
Dorothy M./~unn, Clerk
Illinois Po~11utionControl Board