ILLINOIS POLLUTION CONTROL BOARD
September 12,
1991
D
& B REFUSE SERVICE,
INC.,
)
)
Petitioner,
)
v.
)
PCB 89—106
(Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
ORDER OF THE BOARD
(by M. Nardulli):
This matter is before the Board on the August 19,
1991 filing
of
petitioner’s
motion
to
file
closing argument
instanter
and
motion
to
strike.
On
August
27,
1991,
respondent
filed
its
response to petitioner’s motion to strike.
The Board hereby grants petitioner’s motion to file closing
arguments
instanter.
Petitioner also moves to strike Exhibits
1
through
66 and Exhibit
74
from the Agency’s record on the basis
that
these
documents
predate
petitioner’s
filing
of
its
closure/post-closure
plan which
is
the subject
of this
appeal.
Petitioner asserts that the Agency record
is restricted
to the
application, relevant correspondence and the denial.
(35 111. Ad.
Code 105.102 (a) (4).)
The Agency responds that section 105.104(a) (4)
provides the
minimum of what must be included in the Agency record and that it
may also include information upon which it relied
in reaching its
determination.
The Agency has included an affidavit of the permit
reviewer assigned to this case which attests that he relied upon
the
disputed
exhibits
in
reviewing
petitioner’s
closure/post-
closure plan.
Given
that
the
Agency
states
that
it
relied
upon
these
exhibits
in
reaching
its
determination,
the
Board
denies
petitioner’s
motion
to
strike
these
exhibits
from the
record.
However, the Board makes no finding at this stage in the proceeding
as to whether
these
exhibits were properly relied
upon by the
Agency.
IT IS SO ORDERED.
I, Dorothy N.
Gunn,
Clerk of the Illinois Pollution Control
Board,
hereby cert,~ythat the above Order was adoptedpn the
/~(~-
day of ,LiJ~L~~
~1991 by a vote
of,,~2
/i3
~
L
~
~1
~
Dorothy N.~~unn,Clerk
Illinois ~$1lution Control Board
126— 13