ILLINOIS POLLUTION CONTROL BOARD

January

7, 3993

CITIZENS

AGAINST

REGIONAL LANDFILL,

)

)

Petitioners,

)

)

POD 92—156

V.

)

(Landfill

Siting)

)

THE COUNTY BOARD OF WHITESIDE COUNTY

)

and WASTE JIANAGEMENT OF ILLINOIS, INC.,

)

)

Respondents.

ORDER OF THE BOARD

(by B. Forcade):

On

January

6, 1993, Waste

Management of Illinois, Inc.

(~WMII”)

filed

an

Emergency

Ilotion to Strike Petitioner’s Brief.

The County of Whiteside joined

in

the

motion (aotion,~31). The

motion

asks

the Board

to: (1) strike

pages

32

through

28 of

the

Petitioner’s Brief, (2)

grant

Petitioner until January

11, 1993

to file an Amended Brief and Respondents until January 38, 3993

to file a

response,

and

(3)

impose sanctions upon Petitioner and

its attorney

by

requiring thea to pay attorney

tees

and expenses

incurred by ~l)1IIin regard to the motion and the deposition.

The motion

seeks

to

strike

selected pages of Petitioner’s

brief asserting

that

except

for

Exhibit B, none

of

the

Exhibits

are evidence in this proceeding.

Thus, lUhll fss.rts that the

arguments

premised on

the

nonrecord

material ~st

be

stricken.

Petjtioner has not responded to the motion

to

strike.

The Board declines to rule on the motion to strike at this

time, except to deny the request to extend the tim. for filing of

briefs. This case has a statutory

decision deadline of

February

34, 1993, and must be decided at the Board’s February

4, 1993

Board meeting. At this time, any delay will simply

decrease

the

time for Board consideration of the reasoned

arguments

of

counsel.

The Board will await a

response to

th.

motion. Should the

ruling be favorable to MMII,

the

Board will simply disregard any

portions of

the

petitioner’s brief and attachments (as

well

as

any

portions

of the

response

briefs) which are not

appropriate

for

Board consideration.

MMII

has

requested sanctions against petitioner and

its

attorney premised in part upon asserted conflicts with

instructions received from the hearing officer, Mr.

Gunning.

(Notion,

¶

3 ~

On January 6, 1993, the bearing officer

filed by facsimile a letter regarding matters in

this

proceeding.

If the hearing officer believes that additional information would

benefit the Board, he may file a statement regarding the

0138-0287

---

2

compliance or non-compliance with his

instructions and directives

in this matter. The

Board

requests this

statement be

filed by

January 14, 1993.

The

Board instructs the

Clerk of the

Board

to provide copies

of this order to the

hearing

officer and all

parties by

facsimile

transmission in addition to

the regular service.

IT IS SO

ORDERED.

J. Theodore Meyer abstained.

I, Dorothy N. Gunn, Clerk

Board, hereby cer1t4fy that

the

T~’

day of

________________

‘I

/

of the Illinois Pollution

Control

above order

was adopted qn the

-

1993,

by a vot,

of

‘~

Control Board