ILLINOIS POLLUTION CONTROL BOARD

June

18, 1976

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

PCB 75—358

VILLAGE OF PAW PAW,

)

Respondent.

ORDER OF THE BOARD

(by Mr. Young):

On June

7,

1976, Respondent filed a Motion for Modification

of an Order entered

on May 6,

1976.

Said Motion

is

denied with

the following exception.

As part of this Motion, Respondent

requests that the Board’s Opinion and Order be set aside

because

of an improper finding of

fact.

Respondent points out that the

Board found

that

the waste

“was hauled to an area outside the

Village”, when in

fact, the site in question was located entirely

within the Village boundaries.

When the Board used the expression

outside the Village,

it did so intending to mean away from the major

residential and cornmerical parts

of

the Village.

Mr. Rhea,

the

Village President, described the location of the site in this same

sense when

he agreed that the site was

not visible from any place

in the Village.

(R.

127).

In closing, Respondent’s Counsel de-

scribed the location of the

site in this same sense when he agreed

the

waste should be burned under supervision, in a place that is

really as far away from the Village as is available.

(R.

173).

Nonetheless,

in order to eliminate whatever confusion has arisen

by this description of the site,

the Opinion is amended on page

3,

3rd paragraph to read:

“was hauled to an area away from the major resi-

dential and commercial parts

of

the Village”.

IT

IS SO ORDERED.

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, here~ycertify the

bove Opinion and Order were

adopted on

the

‘~

day of

____________________,

1976 by

a vote of

~

Illinois Pollution