ILLINOIS POLLUTION CONTROL BOARD
    September
    22,
    1988
    VILLAGE OF
    SAtJGET,
    Petitioner,
    v.
    )
    PCB 86-57
    PCB 86—62
    ILLINOIS ENVIRONMENTAL
    )
    (Consolidated)
    PROTECTION AGENCY,
    )
    Respondent.
    MONSANTO COMPANY,
    Petitioner,
    v.
    )
    PCB 86—58
    PCB 86—63
    ILLINOIS ENVIRONMENTAL
    )
    (Consolidated)
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by B. Forcade):
    The Illinois Environmental Protection Agency
    (“Agency”), by
    its September
    14,
    1988 Motion
    to Reverse Ruling
    of Hearing
    Officer, has requested
    an additional hearing
    to present
    additional
    testimony and exhibits.
    Although responses
    to this
    motion are not yet due,
    the Board will act on the Agency’s motion
    at this time since delay could jeopardize the decision due date
    of December
    1,
    1988.
    At the August
    4,
    1988 hearing
    in this matter, the Hearing
    Officer properly excluded testimony and exhibits proffered
    at
    least
    in large part
    to show what was known and thought by the
    U.S.
    Environmental Protection Agency (“USEPA”)
    at the time the
    Agency issued
    the permits on appeal.
    What information was
    in
    possession
    of USEPA is irrelevant.
    This record should
    exclusively comprise those
    facts
    in possession
    of the Agency on
    or before the date it issued the disputed permit,
    and it is
    exclusively on such
    a
    record that
    the Board desires to base
    its
    ultimate decision.
    See Waste Management,
    Inc.
    v.
    EPA,
    No. PCB
    84—45,
    84—61
    &
    84—68
    (consolidated),
    61 PCB 301,
    307—08
    (Nov.
    26,
    1984); County of LaSalle ex.
    rel.
    Peterlin v.
    EPA,
    No. PCB 81—10,
    45 PCB 451,
    457
    (Mar.
    4,
    1982).
    However,
    the Agency’s offer
    of
    proof does include some facts which may have been
    available to
    92—465
    —2—
    the Agency at the
    time of permit evaluation.
    This includes both
    documentary evidence
    ——
    e.g.,
    studies compiled by Illinois
    agencies
    for presentation
    to the Agency, Monsanto or Sauget,
    submittals
    to USEPA which may have forwarded also
    to the Agency,
    etc.
    ——
    and testimonial evidence of information conveyed by USEPA
    to the Agency during their discussions concerning
    the Agency
    adoption of the February 14,
    1988 USEPA recommendations.
    The Hearing Officer shall promptly notice and conduct an
    additional hearing in this matter for the Agency presentation and
    petitioners’
    rebuttal of additional evidence and exhibits
    relevant to documentary and unwritten
    facts available to the
    Agency and
    in its possession prior
    to the issuance of the
    disputed permits.
    The conduct of the hearing
    and the subsequent
    briefing schedule shall accommodate the current December
    1,
    1988
    due date for a Board decision.
    IT
    IS SO ORDERED
    I, Dorothy
    M. Gunn, Clerk of the Illinois Pollution Control
    Board
    hereby certify tha
    the above Order was adopted on
    the
    ______
    day of ________________________,
    1988,
    by
    a vote
    of
    7—o
    •
    /
    //
    ~
    Dorothy M. ~unn,
    Clerk
    Illinois Pollution Control Board
    92—466

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