ILLINOIS POLLUTION CONTROL BOARD
    March 6, 1997
    SENATOR WILLIAM SHAW, RONNIE
    LEWIS and JUDITH EVANS,
    Petitioners,
    v.
    BOARD of TRUSTESS of the VILLAGE of
    DOLTON, MAYOR DONALD HART and
    LAND AND LAKES COMPANY,
    Respondents.
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    PCB 97-68
    (Pollution Control Facility
    Siting Appeal)
    ORDER OF THE BOARD (by J. Yi):
    This matter is before the Illinois Pollution Control Board (Board) on a motion filed on
    March 3, 1997, by Land and Lakes Company (Land and Lakes) requesting leave of the Board
    to temporarily remove certain oversized exhibits. This matter was originally before the Board
    on an appeal filed pursuant to paragraph (b) of Section 40.1 of the Environmental Protection
    Act (Act) (415 ILCS 5/40.1(b) (1994)) on October 8, 1996 by Senator William Shaw, Ronnie
    Lewis, and Judith Evans (petitioners). Petitioners appealed the September 3, 1996 decision of
    the Village of Dolton, Illinois (Village) to grant local siting approval to Land and Lakes
    Company (Land and Lakes) for an expansion of its pollution control facility located in the
    Village. The Board issued an opinion and order on January 23, 1997 affirming the Village's
    decision to grant siting approval. On February 28, 1997, petitioners filed a motion for
    reconsideration of that order which remains pending before the Board. As of the date of this
    order the Board has not received any responses.
    In support of its motion concerning the exhibits, Land and Lakes states that it has
    pending before the Illinois Environmental Protection Agency (Agency) an "Initial Significant
    Modification Application" for the facility. Land and Lakes further states that the Agency
    scheduled a public hearing on its application for Thursday, March 13, 1997. Land and Lakes
    asserts that it needs several of the oversized exhibits, specifically exhibits identified in the
    Village record as C222, C223, C224, C225, C226, C227, C229, and C230, for use at the
    Agency hearing. Land and Lakes states that it requests to remove the exhibits temporarily,
    starting the week of March 10, 1997 and ending on March 17, 1997, recognizing that this
    matter is still pending before the Board.
    Additionally, Land and Lakes states that "[p]ursuant to Section 101.241(b) of the
    Board’s procedural rules (35 Ill. Admin. Code 101.241(b)), LALC requests that the Board rule
    on this motion at its March 6, 1997 meeting." Alternatively, Land and Lakes requests that this
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    motion be referred to the hearing officer for decision before the March 13, 1997 hearing.
    Land and Lakes claims that if it is precluded from the opportunity to use the exhibits at that
    hearing, material prejudice would result. Finally, Land and Lakes states that the Village has
    indicated that it has no objection to this motion and that an effort to reach petitioners’ attorney
    was not immediately successful. Land and Lakes states that it will serve this motion on
    counsel for petitioners and the Village by facsimile.
    Although the Board has not received responses to the motion, and pursuant to the
    Board's procedural rules responses are not due to be filed until March 10, 1997, the Board will
    decide Land and Lakes' motion. Recognizing the tight timeframe as discussed by Land and
    Lakes, the Board is deciding Land and Lakes' motion without the benefit of responses.
    The Board grants Land and Lakes motion to temporarily remove certain oversized
    exhibits from the record in this matter. The Board has in the past denied similar requests.
    (See Goose Lake Association v. Robert J. Drake, Sr., and First Bank of Joliet as Trustee,
    Trust No. 370 (June 17, 1993), PCB 90-170, Citizens Opposed to Additional Landfills
    (C.O.A.L.) v. Laidlaw Waste System Inc., and Perry County Board of Commissioners
    (February 25, 1993) PCB 92-131, and Gallatin National Steel Company v. The Fulton County
    Board and the County of Fulton (July 30, 1992), PCB 91-256.) However, due to the unique
    factual situation in this matter we will allow Land and Lakes to temporarily remove the
    oversized exhibits. In this case, although the matter is still pending on a motion for
    reconsideration, Land and Lakes is requesting the use of the oversized exhibits it originally
    produced for hearing before the Village for use at a hearing before the Agency which requires
    the exhibits to leave the Board's offices. The exhibits are oversized exhibits making copying
    difficult, and Land and Lakes is requesting the oversized exhibits for a short period of time.
    For these reasons the Board will allow Land and Lakes to temporarily remove the oversized
    exhibits subject to the following conditions:
    1)
    Land and Lakes shall retain custody of the exhibits C222, C223, C224, C225,
    C226, C227, C229, and C230 for the entire period that the exhibits are
    removed;
    2)
    Land and Lakes shall not allow exhibits C222, C223, C224, C225, C226,
    C227, C229, and C230 to be altered in any way;
    3)
    Land and Lakes is required to reproduce the oversized exhibits if damaged, lost
    or altered;
    4)
    Land and Lakes may take possession of exhibits C222, C223, C224, C225,
    C226, C227, C229, and C230 on March 10, 1997 and return the exhibits on
    March 17, 1997; and
    5)
    Land and Lakes will complete the appropriate Clerk's Office forms upon taking
    possession of the exhibits.
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    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the _____ day of ___________, 1997, by a vote of
    ______________.
    ___________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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