ILLINOIS POLLUTION CONTROL BOARD
    January 18, 2001
    RICHARD AND WILMA SALYER,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 98-156
    UST - FRD)
    ORDER OF THE BOARD (by C.A. Manning):
    On November 24, 1998, a hearing was held regarding the Illinois Environmental
    Protection Agency’s (Agency) decision to reimburse costs to the petitioner. Robert A. Mehrens
    (Mehrens) testified at the hearing and submitted a technical reference book entitled Modeling of
    In Situ Techniques for Treatment of Contaminated Soils.
    On January 21, 1999, the Board affirmed the Agency’s decision to deny reimbursement
    costs to the petitioner and closed the docket. No appeal of the Board’s decision was filed. On
    December 11, 2000, Mehrens filed a motion requesting the Board return the technical reference
    book.
    Section 101.302 of the Board’s procedural rules (35 Ill. Adm. Code 101.302), effective
    January 1, 2001, provides that an original of “non-conforming” materials (such as books or
    oversized exhibits) may be returned to the person filing it in accordance with 2 Ill. Adm. Code
    2175.300 upon closure of the proceeding. Section 2175. 300(b) provides:
    b) Pursuant to Section 1 of the Illinois State Records Act, the Clerk shall
    maintain for five (5) years, all documents submitted by the parties in
    rulemaking and adjudicatory cases [5 ILCS 160/1]. After five (5) years,
    the documents shall be microfilmed and the microfilm shall be maintained
    by the Board. Documents microfilmed for the Board’s record are subject
    to destruction unless the parties request that the documents be returned at
    the closure of the five-(5) year period. Over-sized exhibits which are not
    capable of being microfilmed will be returned to the parties at their request
    or destroyed. 2 Ill. Adm. Code 2175.300(b).
    Given the final Board order was issued in 1999, the five-year period will not expire until
    2003. The Board cannot return Mehrens’ book until then.
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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 18th day of January 2001 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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