ILT4NOIS

POLLUTION CONTROL

BOARD

December

17,,

1981

STEPHEN DRAKE, et al.,

)

)

Petitioners,

)

v

)

PCB 8t’~54

)

ILLINOIS

ENVIRONMENTAL

PROTECTION

Ac;ENCN

)

and

CITY

OF

PONTIAC,

)

!~es~o:;.1er1ts

ORDER OP THE BOARD (by J.

Anderson)

On

November

19

1981

petitionere

ff.led

a motion

for

reconsideration of the

BoarcPs

October

29,

1981 Opinion and Order

denying variance.

On

December

1

1981

the

Board received a 30

page handwritten letter

from

Ste~hen

DreJ:e.

As

the letter con~

tamed no indicia of service

upon ethcr

Drake’s attorneys or the

other parties, on the

same day ttc Boerd itself

made appropriate

service to cure any potential

ex

parte

~ontact

problems the letter

might be viewed

as

raising.

Puoiant

to

leave granted December

3,

1981, the Agency fj.led

its res once to the

motion and the Drake

letter on

December

15, 1981.

The motion for

reconsidereU.ei~ Li; ~:ranted,

After careful

review of

the arguments present.

byth.~

motion and response,

the

Board reafftri~s

its

earlier Cnir:icn and

Order.

As the Board

believes its original Opinion

clearly dotails

its factual findings

and legal conclusions concernii~the w~.

~ght

given to various

evidence,

the interplay

of Rule 9~1(b)c~2)

of

Chapter 3 and

the

Starchevich decision, apd

the natnro

of the

environmental and

~conani~

hardships,

these

issuee

riced

not be

further

addressed.

The

Board

must

however

rem~kthet~as

the

Agency

points

out, the Drake letter contains unsxornaesertiona concerning ~the

original and actual facts”

of the ceee;

which

Drake believes had

become “twisted and distorted”

in

the

record

before the Board.

Much

of

the

letter

reiterates

evidence

already

before the Board.

The additional unverified

“facts~ oth challenges

to the credi~

bility of certain evidence

should have been

presented at hearing

when

Drake and all witnesses

were available

for

cross~examination.

and

may not

now

be

considered

by

the

Ecard.

IT

IS

SO

ORDERED.

I, Christen L. Moffett,

Clerk of the

Illinois

pollution

control~Board,her

cer

ify that the

above

Order was adopted on

the

11

day of

____________

1~81by a

vote of ~o

-.

~

~

~Prn&~?d.LtL

—_____

~

L.

Moff

clerk

11

lanoi~

Poll~ti

ontrol

Board

44—233