ILLINOIS POLLUTION CONTROL BOARD
    August
    5,
    1993
    J
    & M PLATING,
    INC.,
    Petitioner,
    v.
    )
    PCB 93-73
    (Permit Appeal)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by
    3.
    Anderson):
    On July 19,
    1993,
    3
    & M Plating,
    Inc.
    (J
    & N)
    filed a motion
    requesting the Board to supplement the Agency’s record with
    several group exhibits.
    On July 20,
    1993
    3
    & M filed a motion
    requesting the Board to allow
    it to file a limited number of
    copies of the motion to supplement and accompanying exhibits.
    The Illinois Environmental Protection Agency
    (Agency) has not
    responded to either motion.
    In support of its motion to supplement,
    3
    & M states that,
    in order to complete the Agency’s record,
    it is necessary to
    incorporate into the record several group exhibits.
    The exhibits
    contain documents regarding an earlier cleanup on the site
    involved in this matter.
    (Group Exs. A-P.)
    3
    & M also asserts
    that the exhibits
    “.
    .
    .will allow
    the
    Board to find that the
    condition of the property today
    is consistent with the condition
    of the property at the time the Agency
    issued its permit to J &
    M based upon a cleanup and closure that the Agency
    itself
    directed.
    In its motion to file a limited number of copies,
    3
    &
    N
    states that the exhibits comprise 350 pages.
    In order to
    minimize the amount of paper used,
    3
    & N requests that it be
    allowed to file an original and three copies of the motion to
    supplement and accompanying exhibits with the Board.
    J
    & M also
    states that it will submit two copes of the motion and exhibits
    to the Agency and one copy of the motion and exhibits to the
    hearing officer.
    It is well settled that the Agency record
    in a permit appeal
    consists only of the information which the Agency considered or
    should have considered when making its permitting decision.
    Alton Packaging Corp.
    v. PCB (5th Dist.
    1987),
    162 Ill.
    App. 3d
    731,
    516 N.E.2d 275,
    280; Joliet Sand
    & Gravel
    v.
    IPCB
    (3rd Dist.
    1987),
    163 Ill. App.
    3d 830,
    516 N.E.2d 955,
    958; EPA v.
    PCB (1st
    Dist.
    1983),
    118 Ill. App.
    3d 772,
    455 N.E.2d
    188,
    194; American
    Waste Processing.
    Ltd.
    v. IEPA (October,
    1992),
    PCB 91-38
    at
    1,
    136 PCB 209;
    CMW
    Chemical Services,
    Inc.
    v.
    IEPA
    (July 11,
    1991),
    2
    PCB 89-177 at
    1,
    124 PCB 29.
    It appears from J
    & M’s assertions
    that the exhibits may have a bearing on this matter and that the
    Agency should possibly have considered the documents at issue
    when making its permit decision.
    Moreover,
    35
    Ill. Adm. Code
    101.241(b) provides that a party shall be deemed to have waived
    its objection to the granting of the motion
    if
    it does not file a
    response to the motion.
    Accordingly, the Board hereby grants 3
    & M’s motion to
    supplement the record with Group Exhibits A-P as well as the
    motion to file a limited number of copies.
    The Board wishes to
    emphasize, however, that it is not inferring that it has hereby
    determined that the information contained in the exhibits is
    relevant to this matter.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Boar,d~herebycertify
    hat the above order was adopted on the
    ‘~
    day of
    -
    ,
    1993, by a vote of
    ___
    9
    ~
    ~
    Dorothy N. G)~n,Clerk
    Illinois Po,lXution Control Board

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