ILLINOIS POLLUTION CONTROL BOARD
    February 27,
    1992
    MARATHON
    OIL COMPANY,
    )
    Petitioner,
    v.
    )
    PCB 91—173
    (Variance)
    ILLINOIS ENVIRONMENTAL PROTECTION
    )
    AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by R.C. Flemal):
    This matter comes before the Board on a February 7,
    1992
    motion for reconsideration filed by Marathon Oil Company
    (Marathon); Marathon requests that the Board reconsider its
    denial of variance in this matter,
    as issued on January
    9,
    1992.
    On February
    13,
    1992,
    Marathon also filed a motion fo~leave
    to file the affidavit in support of its motion for
    reconsideration.
    On February 24,
    1992,
    the Illinois
    Environmental Protection Agency
    (Agency)
    filed
    its response in
    opposition to the Marathon’s motions for reconsideration and
    leave to file,
    accompanied by a motion to file instanter.
    The
    Board grants the Agency’s motion to file
    its response instanter.
    The Board grants the motion for reconsideration.
    The Board
    first addresses the motion for leave to file the affidavit,
    as
    the affidavit relates to the motion for reconsideration.
    Marathon asserts that the affidavit is presented “primarily
    for
    the purpose of clarifying Robert
    Wallace’s
    earlier testimony
    given
    during the hearing”.
    The Agency objects to the
    affidavit,
    stating that any new allegations and arguments were
    not produced by Marathon prior to or at hearing,
    and that as a
    result,
    the Agency
    is not able to cross-examine the witness.
    The
    Board finds that the Agency’s argument has merit; Marathon’s
    motion for leave to file the affidavit is denied.
    The Board further finds nothing in Marathon’s reargument
    that persuades it to alter its final order in this matter.
    IT IS SO ORDERED.
    130—283
    —2—
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution
    Control Board, hereby certi y that the above Order was adopted on
    the
    ~
    day of ________________________,
    1992,
    by a vote of
    /~
    Dorothy M/,~unn,Clerk
    Illinois ~bl1ution Control Board
    130—284

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