ILLINOIS POLLUTION CONTROL BOARD
March 11,
1993
STATE BANK OF WHITTINGTON,
)
)
Petitioner,
v.
)
PCB 92—152
(UST Fund)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD
(by 3. Theodore Meyer):
This matter
is before the Board on petitioner State Bank of
Whittington’s motion to supplement the record filed February 16,
1993.
Respondent Illinois Environmental Protection Agency (Agency)
has not filed a response.
Petitioner seeks to supplement the Agency record with a cover
letter dated February 12,
1992 which petitioner asserts had been
submitted to the Agency prior to its decision of September 14, 1992
from which petitioner seeks review and should have been included in
the record.
Petitioner also seeks to supplement the record with
two original photographs depicting excavation activities previously
submitted to the Agency which the Agency failed to include in the
record.
Petitioner recognizes that photocopies of the photographs
are in the Agency record but contends that the original photographs
should
be
in the record
because the photocopies
are
of
a poor
quality and the photographs
are pertinent to the
issue
of what
constitutes corrective action at the site.
The
Agency
has
waived
any
objection
to
the
motion
to
supplement.
(35 Ill.
Adin.
Code 241(b).)
The Board finds that the
letter and photographs were submitted to the Agency prior to its
rendering its final decision and should have been included in the
record.
The Board
hereby
grants
the motion
to supplement
the
record with both the cover letter and the photographs.
Because the
original photographs
are
in the Agency’s possession,
the Board
directs the Agency to file these photographs with the Board within
14 days of the date of this order.
IT IS SO ORDERED.
I, Dorothy N.
Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify that the above order was adopted on the
,/7t7J day of
~7)i
á~L.~’
,
1993 by a vote of
2~
~7~9&F~4
~h.
Dorothy N. ~ft1n,Clerk
Illinois Pc$J/lution Control Board
U
~140-0029