ILLINOIS POLLUTION CONTROL BOARD
    May 16, 2002
     
    ESG WATTS, INC. (Sangamon Valley
    Landfill), an Iowa corporation,
     
    Petitioner
     
    v.
     
    ILLINOIS ENVIROMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 00-160
    (Permit Appeal - Land)
     
    ORDER OF THE BOARD (by G.T. Girard):
     
     
    On May 2, 2002, the Board received the mandate from the Appellate Court Fourth
    District in this matter. The court reversed the Board’s decision in this proceeding finding that
    the Board had jurisdiction. The court stated that “we reverse and remand to the Board for
    hearing on the sufficiency of the insurance policy.” ESG Watts, Inc., v. PCB, no. 4-00-0861
    (4th Dist. Dec. 2001). Therefore this matter shall proceed to hearing. Hearings “will be
    based exclusively on the record before the Agency at the time the permit or decision was
    issued.” 35 Ill. Adm. Code 105.214(a). Hearings will be scheduled and completed in a timely
    manner. Petitioner has the burden of proof. 415 ILCS 5/40(a)(1) (2000);
    see also
    35 Ill.
    Adm. Code 105.112(a).
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on May 16, 2002, by a vote of 7-0.
     
     
     
     
    Dorothy M. Gunn, Clerk
     
    Illinois Pollution Control Board
     
      
     

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