ILLINOIS POLLUTION CONTROL BOARD
    October 17, 1996
    HARRIS MARCUS GROUP, INC.
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 95-156
    (Variance - Air)
    ORDER OF THE BOARD (by G.T. Girard):
    On September 16, 1996, the Illinois Environmental Protection Agency’s (Agency) filed
    an amended recommendation which included an affidavit of Robert P. Smet. On September
    24, 1996 the petitioner filed a motion to strike affidavit (MTS) and a response to the Agency’s
    amended recommendation. On October 7, 1996 the Agency filed a response to petitioner’s
    motion to strike (RMTS), a motion for leave to file a reply to petitioner’s response and the
    reply.
    Petitioner argues that the affidavit attached to the Agency’s amended recommendation
    should be struck because it contains and relies on hearsay. (MTS at 2.) Petitioner argues that
    the Agency included the affidavit for the truth of the matter asserted by Mr. Dean Schreffler of
    Morton International, who did not testify at hearing. (
    Id
    .) The Agency maintains that the
    affidavit is offered to support the Agency’s “belief that Petitioner has failed to justify variance
    relief”. (RMTS at 2-3.) The motion to strike the affidavit is denied. The Board accepts the
    affidavit as support of the Agency’s position. The Board is aware that Mr. Schreffler did not
    testify and the Board will weigh the evidence accordingly.
    The motion to file a reply is granted. The Board notes that this record is now complete,
    and consistent with prior requests the Board will proceed to decision in this matter.
    IT IS SO ORDERED.
    Board Member K. M. Hennessey abstains.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the _____ day of ___________, 1996, by a vote of
    ______________.
    ___________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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