ILLINOIS POLLUTION CONTROL BOARD
    January
    6,
    1994
    WILNER BROCKNAN,
    JR.
    and
    )
    FIRST MIDWEST
    BANK
    OF JOLIET
    )
    AS TRUSTEE UNDER TRUST NO. 757,
    )
    )
    Petitioners,
    )
    v.
    )
    PCB 93—162
    )
    (Permit Appeal)
    ILLINOIS ENVIRONMENTAL
    PROTECTION ~AGENCY,
    )
    )
    Respondent.
    ORDER OF THE
    BOARD
    (by G.
    T. Girard):
    This matter is before the Board on a number of filings in
    the proceeding which include a December 17,
    1993, motion to
    supplement the Agency record in this proceeding filed by
    petitioners.
    On December 27,
    1993, the Board received a filing
    from the Agency objecting to the motion to supplement.
    The
    Agency’s filing indicated that it had been timely mailed pursuant
    to 35 Ill. Adm. Code 101.102.
    On December 22,
    1993, the Board
    received a motion for leave to file an amicus brief,
    filed by
    Residents Against a Polluted Environment.
    On December 27,
    1993,
    petitioner filed a motion in opposition to leave to file an
    amicus brief.
    Further, on January 4,
    1994, the Board received
    a
    motion to strike petitioner’s brief filed by the Agency.
    The Board will first address the issue of supplementing the
    record.
    The petitioner asks that the Board supplement the record
    with a document which petitioner. asserts is “referenced on page
    85 of Book I of the Administrative Record as ‘LPC—PA15 facility
    data sheets’
    “.
    The petitioner argues that the document is
    “material to understanding references already existing in the
    record”.
    The Agency objects to supplementing the record with
    this document arguing that it is a “selected transcription of
    some information supplied by the LPC-PA15 form.”
    The Agency
    further states that the LPC-PA15 form is in the record on appeal
    at pages 174-176 of Book
    1.
    An exaininationof the record
    indicates that the LPC-PA15 form is included in the record at
    pages 174-175.
    The two pages offered as joint exhibit 18 appear
    to be a compilation of the data already included in the LPC-PA15
    form.
    Therefore,
    the Board will deny the motion to supplement as
    the information being offered is already included in the record.
    The Board will next discuss the issue of allowing the leave
    to file the amicus.
    The Board’s past practice has been to allow
    participants at the local
    level in landfill siting cases to
    participate before the Board only as amici.
    (Clean Oualitv
    Resources,
    Inc.
    v. Marion County Board, PCB 90—216,
    —
    PCB
    ,
    (February 28,
    1991); Laidlaw Waste Systems v. McHenrv CountY
    2
    Board,
    90 PCB 135
    (PCB 88—27, June 16,
    1988); Waste Haulinci.
    Inc.
    V.
    Macon County Board, 129 PCB 321
    (PCB 91-223, January 23,
    1992).)
    Further, the Board has allowed the filing of an amicus
    brief
    in a permit appeal case.
    In CWM Chemical Services. Inc.
    v.
    IEPA, PCB 89—177,
    116 PCB 19, November 8, 1990, the Board allowed
    the 35th District Environmental Task Force to participate as an
    amicus.
    Therefore, the Board will grant leave to file the amicus
    brief.
    The Board does note however that although the Residents
    Against
    a Polluted Environment did attend the hearing below,
    the
    representatives declined to make a statement which would be
    subject to cross—examination.
    The Board will grant the petitioner an opportunity to reply
    to the amicus brief.
    Such reply must be received by the Board no
    later than January 11,
    1994.
    Lastly, the Board notes that the motion to strike the
    petitioner’s brief is not ripe.
    Therefore, the Board will
    reserve ruling on that motion and take it with the case.
    The
    Board notes that the Agency’s brief accompanied the motion.
    IT IS SO ORDERED
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, ~xeby
    certify that th
    above order was adopted on the
    _________________
    day of
    ___________________,
    1994,
    by a vote
    of
    _______
    Illinois
    Control Board

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