ILLINOIS POLLUTION CONTROL BOARD

August 5, 1993

LARRY SLATES, LONNIE

)

SEYMOUR, JAMES KLABER,

)

FAYE MOTT, and HOOPESTON

COMMUNITY MEMORIAL HOSPITAL,

)

)

Petitioners,

v.

)

PCB 93—106

(Landfill Siting Review)

ILLINOIS LANDFILLS, INC., and

)

HOOPESTON CITY COUNCIL, on

)

behalf of the CITY OF

)

HOOPESTON,

Respondent.

ORDER OF THE BOARD (by J. Theodore Meyer):

This matter is before the Board on petitioners’ motion to

amend their petition, filed July 30, 1993. Respondent Illinois

Landfills, Inc. (ILl) filed a response in opposition to the

motion on August 4, 1993.

Petitioners simply state that they move to amend their

petition for review by filing an amended petition. Petitioners

have not set forth any argument on the issue, nor have they

explained in any way the differences between the original

petition and the amended petition. ILl notes that the amended

petition replaces the term “sole source aquifer” with the term

“non—sole source aquifer”, and adds new paragraphs 21—26. ILl

objects to the amendment of the petition, stating that the new

paragraphs are simply petitioners’ version of hearing testimony,

without cited references, and that amendment of the petition is

not contemplated by the Board’s rules and is not necessary.

Contrary to ILl’s statement, the Board’s procedural rules

allow pleadings to be amended to conform to the proof. (35

Ill.Adm.Code 103.210(a).) It is not necessary to provide

citations to the facts alleged in the new paragraphs, since the

amended petition is not argument, but sets forth the claims made

by petitioners. Those new paragraphs are simply allegations

which must be subsequently supported by petitioners’ brief. We

grant the motion to file the amended petition.

IT IS SO ORDERED.

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2

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the above order was adopted on the

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day of

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,

1993, by a vote of ~

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IC..~

,

Dorothy H. Guryh, Clerk

Illinois Pollution Control Board