ILLINOIS POLLUTION CONTROL BOkRD
    May 25,
    1989
    IN THE MATTER OF:
    )
    J
    & R LANDFILL, INC.,
    )
    ~C 89-18
    (89—i
    Sc St.
    Clair
    Respondent.
    )
    County
    Docket)
    ORDER OF THE BOARD
    (by
    3. Anderson):
    This matter comes before
    the Board
    on a Motion for
    Reconsideration filed May 16,
    1989 by Respondent
    3
    &
    P Landfill,
    Tnc.
    Respondent urges
    the Board to reconsider
    its May 11,
    1989
    denial of Respondent’s Motion
    to Dismiss filed May
    8,
    1989.
    On May
    15,
    1989,
    Mr. Todd S. Parkhurst,
    the Board’s Hearing
    Officer
    in this proceeding,
    entered
    an Order Cancelling
    Hearing.
    The gist
    of that Order was that,
    in view of the pending
    Motion for Reconsideration (which the Hearing Officer concluded
    is not frivolous),
    the hearing set for May 17,
    1989, was
    cancelled.
    The Order stated that any new hearing date will be
    set after
    the Board
    rules on the pending Motion
    for
    Reconsideration.
    Further,
    the Order provided that,
    absent
    a
    contrary Board Order,
    the Hearing Officer
    “urges” the State’s
    ~ttorney of St. Clair County to
    file its Answer Brief before May
    24,
    1989,
    and the Respondent to file
    its reply brief
    by May 31,
    1989.
    On May
    24, 1989,
    the State’s Attorney of St.
    Clair County
    transmitted to the Board
    an electronic
    facsimile
    (“fax”)
    of
    an
    Answer Brief.
    No
    Certificate of Service was
    included,
    and
    no
    such proof of
    service has been since provided.
    The Board declines
    to accept
    for filing the County’s Answer
    Brief.
    The Board’s procedural rules
    (35 Ill.
    Adni.
    Code 103.123)
    require that respondents be served personally or by registered
    or
    certified mail,
    and that proof
    of service be provided to
    this
    Board.
    Such proof
    is absent
    here.
    Regarding filing by “fax”,
    the Board herein directs
    that future filing
    of documents with the
    Board
    shall be by mail
    or
    in person unless specific authorization
    has previously been granted by the Board
    for use of electronic
    facsimiles.
    See 35 Ill.
    Adm. Code 101.103.
    In view of the foregoing,
    the Board will
    revise the Hearing
    Officer’s recommended briefing schedule.
    The State’s Attorney of
    St.
    Clair County shall file
    its Answer Brief
    no later than
    Thursday, June
    1,
    1989;
    the reply brief shall be
    filed by
    Thursday, June 8,
    1989.
    IT
    IS SO ORDERED.
    99—323
    —2--
    I, Dorothy
    M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify
    that the above Order was adopted
    on
    the
    ‘.~f~-
    day of
    ______________,
    1989,
    by a vote of
    7~~c)
    7~
    ~
    Dorothy M./JGunn, Clerk
    Illinois Pollution Control Board
    99—324

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