ILLINOTS POLLUTION CONTROL BOARD
    February 6,
    1992
    PEOPLE OF THE STATE OF ILLINOIS,
    )
    Complainant,
    v.
    )
    PCB 90—112
    (Enforcement)
    CHICAGO., HEIGHTS REFUSE DEPOT,
    Inc.,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by R.C. Flemal):
    This matter comes before the Board on a January
    3,
    1992
    request for stay filed by Chicago Heights Refuse Depot,
    Inc.’s
    (the Refuse Depot).
    The Refuse Depot requests stay pending
    appellate review of the Board’s October 10, and December 6,
    1991
    orders, wherein the Board found the Refuse Depot in violation of
    certain Board regulations and permit provisions, and imposed a
    $100,000 penalty.
    On January 23,
    1992, the People of the State
    of Illinois
    (State)
    filed its response to the motion for stay.
    On January 31,
    1992, the Refuse Depot filed a motion for leave to
    file a reply to the State’s response.
    The Board first addresses the motion for leave to file the
    reply to the response.
    The Board’s procedural rules allow for
    replies to responses to motions
    if permitted by the Board to
    prevent material prejudice
    (35 Ill.
    Adxn. Code 101.241(c)).
    The
    Refuse Depot alleges that statements made in the State’s response
    regarding the Refuse Depot’s compliance efforts and financial
    condition are materially prejudicial.
    The Board notes that the
    State did make statements regarding the Refuse Depot’s finances
    which were somewhat speculative in nature.
    (State response,
    Section IV.)
    The Board further observes that the Refuse Depot’s
    reply,
    which seeks to enlighten the Board on these matters,
    contains further facts on the Refuse Depot’s financial condition
    that are not verified.
    (Reply p.2-3.)
    However, the Board grants
    the motion to file, and allows the reply to stand for what it
    is
    worth.
    Upon review of the motion,
    response, and reply,
    the Board
    finds no reason to stay its October 10,
    and December 6,
    1991
    orders.
    (See also, Aden v
    City of Freeport,
    (December
    15,
    1988)
    94 PCB 39.)
    The Refuse Depot’s motion for stay is accordingly
    denied.
    The Board notes that Supreme Court rule 335(g)
    allows
    the Refuse Depot to seek a stay from the appellate court.
    130—3 1
    —2—
    IT IS SO ORDERED
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Boayd.hereby certify~atthe above and Order was adopted on the
    ________
    day of
    ___________________,
    1992,
    by a vote of
    /7
    ~
    ~
    ution Control Board
    Illinois P~
    V
    129—32

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