ILLINOIS POLLUTION CONTROL BOARD
    June 23,
    1994
    SHERIDAN TOWERS PARTNERSHIP,
    )
    Beneficiary Under Trust
    )
    No.
    11862
    )
    LASALLE NATIONAL TRUST,
    N.A.,
    )
    Trustee,
    )
    Petitioner,
    )
    PCB 94-106
    )
    (UST Fund)
    v.
    OFFICE OF THE STATE FIRE
    )
    MARSHAL,
    )
    )
    Respondent.
    ORDER
    OF THE
    BOARD
    (by M. McFawn):
    This matter is before the Board on petitioner Sheridan Tower
    Partnership’s
    (Sheridan) May 31,
    1994 motion to supplement the
    record in this eligibility/deductibility determination review.
    On June 7,
    1994, respondent Office of the State Fire Marshal
    (OSFM)
    filed a response to petitioner’s motion, requesting that
    the Board deny the motion.
    Petitioner seeks to supplement the record with certain
    information from the files of the City of Chicago’s Department of
    the Environment, and information filed with the Illinois
    Environmental Protection Agency.
    Petitioner does not assert that
    this information was ever made part of the record, but rather
    asserts that this information was available for respondent’s
    review since it was filed with other agencies.
    Respondent
    asserts that these documents were never made part of the record,
    and were therefore never before the OSFM prior to its final
    eligibility/deductibility determination.
    Furthermore, respondent
    contends that information in other Agency files
    is not
    “available” for its review.
    In accordance with the Board’s current practice, the Board
    will review this OSFM determination under its rules for permit
    appeals set forth in 35 Ill.
    Adin. Code Part 105.
    Except as
    provided therein for NPDES permits, the Board’s review and
    decisions are to be based exclusively on the record before the
    Illinois Environmental Protection Agency
    (Agency).
    Illinois
    Environmental Protection Aaencv v. Pollution Control Board
    (1st
    Dist.
    1983)
    74
    Ill.Dec.
    158 at 164, 455
    N.E.
    2d 188; Illinois
    Environmental Protection A~encv
    v. Pollution Control Board
    (1st
    Dist.
    1980)
    410 N.E.2d 98 at 104; see also Joliet Sand and Gravel
    y.
    Illinois Pollution Control Board
    (3rd Dist.
    1987)
    516 N.E.2d
    955,
    114 Ill.Dec.
    800 at 803.)
    Accordingly, the Board will not
    consider information which was not before the OSFM when it made
    its eligibility/deductibility determination.
    2
    We hold that the information which petitioner seeks to add
    to the record was not part of the record before the
    OSFM
    when it
    made its final eligibility/deductibility determination.
    It would
    therefore be improper for the Board to consider this information
    when reviewing the OSFN’s determination.
    Petitioner’s motion to
    supplement the record is hereby denied.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn,
    Clerk
    of the Illinois Pollution Control
    Board4 ~ereby certif
    hat the above order was adopted on the
    ~
    day of
    _________________
    1994, by a vote of
    ~
    ~.
    Dorothy M. ,~&nn, Clerk
    Illinois P~JLution Control Board

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