ILLINOIS POLLUTION CONTROL BOARD
August
18,
1982
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
)
Complainant,
v.
)
PCB 80—125
A.
J. WELIN,
Respondent.
ORDER OF THE BOARD
(by
I.
G.
Goodman):
On June 18,
1982 Respondent filed a Motion to Vacate,
for
Rehearing, or Modification of Final
Order and Other Relief.
The Illinois Environmental Protection Agency filed a Response
on August 16,
1982.
In the motion, Respondent raises procedural
and evidentiary issues which had been raised at hearing and
reviewed by the Board prior
to its final Opinion and Order
in
this matter.
Therefore the Motion to Vacate and Rehearing on
these issues is denied,
In the motion,
Respondent raises relief alternative to the
two feet of cover over the entire site as ordered on May 13,
1982.
Respondent suggests that an earthen barrier be constructed
in lieu
of cover.
Although this alternative should properly have been
raised at hearing, the Board will grant rehearing on this issue
alone.
The merits of the decision are not at issue; the Board’s
findings of violation contained in the May 13, 1982 Opinion and
Order remain unchanged.
The rehearing shall be confined to a
demonstration that an alternative to the two feet of cover re-
quired by the Board’s rules and regulations
is sufficient to
correct the environmental harm posed by this site.
The record
is reopened and rehearing on this issue is hereby granted.
IT IS SO ORDERED.
Board Chairman Dumelle and Board Member Werner concurred.
I,
Christan L. Moffett, Clerk of the Illinois Pollution
Control ~
hereby certify that the above Order
was
adopted
on the
t~
day of
~
-~
,
1982 by a vote of
~
Christan L. Moff~t~!C1erk
Illinois Pollution Control Board
47-525