ILLINOIS POLLUTION CONTROL BOARD
    October 13, 1977
    ENVIRONI~ENTALPROTECTION AGENCY,
    )
    Complainant,
    v.
    )
    PCB 76—114
    )
    HAROLD
    I3ROVERMAN
    and THEODORA
    )
    BAKER, d/b/a TAYLORVILLE LANDFILL,
    )
    Respondents.
    ORDER OF THE BOARD
    (by Dr.
    Satchell):
    On September 20, 1977 Respondents filed
    a motion to
    reopen the proceedings in this case to allow them to present
    new evidence.
    The Environmental Protection Agency filed an
    objection to this motion on September 30,
    1977.
    Respondents
    indicate that they would like to present “evidence and parti-
    cularly facts that have taken place since the time the hearing
    officer presided.”
    The Board denies the motion.
    Occurrences
    subsequent to the close of the hearings are not relevant to
    the dates of alleged violations in the complaint.
    Respondents
    should have presented all facts in mitigation prior to closing
    their case during the hearing process.
    The Board further
    notes that if Respondents
    feel they have been unfairly denied
    a permit for their site, there is recourse in a separate per-
    mit denial appeal.
    IT IS SO ORDERED.
    Mr. Young concurs.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board,
    hereby c~rify the above Order was adopted on
    the
    ~
    day of (Th~
    ,
    1977 by a vote of ~
    ~hristan L. Moffett~/qj~rk
    Illinois Pollution c~ji~olBoard
    28-21

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