ILLINOIS POLLUTION CONTROL BOARD
    April 9, 1992
    WASTE HAULING, INC.
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 91—223
    )
    (Landfill Siting
    MACON COUNTY BOARD,
    )
    Review)
    )
    Respondent.
    ORDER OF THE BOARD (by J. Theodore Meyer):
    This matter is before the Board on petitioner Waste Hauling,
    Inc.’s April 2, 1992 motion to strike the briefs of respondent
    Macon County Board (County Board) and amicus curiae Organization
    for Environments and Residents’ Safety (OFEARS). Waste Hauling
    seeks to strike those briefs because they contain no
    certification that they were printed on recycled paper, as
    required by Section 101.103(d) of the Board’s procedural rules.
    (35 Il1.Adin.Code 101.103(d).)
    On April 2, 1992, OFEARS filed its response to the motion to
    strike, a motion for waiver of the recycled paper requirement, or
    in the alternative to be allowed to refile its brief on recycled
    paper. OFEARS also moves to strike Waste Hauling’s initial
    brief. OFEARS states that Waste Hauling’s initial brief is not
    certified as being printed on recycled paper. County Board filed
    its response to Waste Hauling’s motion on April 7, 1992, along
    with its motion for waiver of the recycled paper requirement,
    cross—motion to strike Waste Hauling’s initial brief, and motion
    for leave to file its certification that its brief was on
    recycled paper.
    The Board recognizes that the recycled paper requirement,
    found at 35 Ill .Adm. Code 101.103(d), is a new requirement which
    is not included in the copy of the procedural rules distributed
    by the Board.1 However, that rule was subject to public notice
    and comment pursuant to the Environmental Protection Act and the
    Illinois Administrative Procedure Act, and was also discussed in
    the Board’s Environmental Register. The parties are boundby all
    1 The Board began distributing information on the recycled
    paper requirement with the published copy of the procedural rules
    when that requirement became effective on January 1, 1992.
    However, the parties in this case requested those rules prior to
    that date, and thus would not have received the recycled paper’
    information.
    132— 105
    2
    effective rules of practice before the Board. The Board grants
    the County Board’s motion to file. its certification that its
    brief was printed on recycled paper, and grants OFEARS’ request
    that it be allowed to refile its brief on recycled paper. All
    other motions, including the motions to strike, are denied. Both
    OFEARS and Waste Hauling shall refile their briefs on recycled
    paper within 10 days of the date of this order.2 If the briefs
    are not properly refiled, the briefs are subject to being struck
    by the Board on its own motion.
    IT IS SO ORDERED.
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Bo~d~hereby certfy that the above order was adopted on the
    ~
    day of
    ______________,
    1992, by a vote of
    7~
    ~
    ~
    .
    Dorothy M.14inn, Clerk
    Illinois Pto1~1ution Control Board
    2
    Waste Hauling’s motion to strike briefs for failure to
    certify compliance with the recycled paper rule, when its own
    initial brief is lacking that certification, raises questions about
    Waste Hauling’s reasoning behind the filing of that motion.
    132—106

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