ILLINOIS POLLUTION CONTROL BOARD
December
15, 1988
KENNETH K. GETTY,
Complainant,
and
EDWIN and SUE KOZOYED, ET AL.,
)
Intervenors,
)
v.
)
PCB 86—181
VILLAGE OF RIVERSIDE,
)
Respondent.
ORDER OF THE BOARD
(by B. Forcade):
The Village of Riverside
(“Riverside”) filed its
Respondent’s Post—Hearing Brief on November 10,
1988.
A.ttached
thereto was a map of
the locale indicating property boundaries
and ownerships,
as well
as the locations
of a number of wells
with indicated levels of chemical contamination.
Edwin and Sue
Kozoyed,
the intervenors (“Intervenors”),
filed a motion to
strike this map on December
6, 1988.
Riverside responded on
December
B,
1988.
Intervenors argue as follows:
This map was
never presented
or offered
in
evidence
in
this proceeding.
As such,
it has
not
been
subject
to
review
or
cross—examina-
tion by the complainant or
the Intervenors.
Motion
to Strike at 1.
In reply,
Riverside does not assert that the map was introduced
at hearing.
Therefore,
the Board must conclude that the map and
its markings are not evidence properly before this Board.
The motion to strike is granted.
The Board will not
consider this map
in its evaluation of this matter.
However,
that portion of the Intervenors’ motion requesting
its removal
from the Board’s files
is denied.
The map is more easily
disregarded.
Interveriors’ motion to file Reply Brief Instanter is
granted.
94—37
—2—
IT
IS SO ORDERED
I, Dorothy M.
Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify
ye Order was adopted on
the
/.~Z7~day
of
~
,
1988, by a vote
of
-7—c
Illinois
Control Board
94—38