ILLINOIS POLLUTION CONTROL BOARD
    August 8, 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 July 11, 2002, the Board received a motion for summary judgment in this matter
    filed by the petitioner. On July 29, 2002, respondent filed a response to the motion for
    summary judgment and a motion for extension of time to file a cross-motion for summary
    judgment. However as indicated in the Board’s May 16, 2002 order, the Board received the
    mandate from the Appellate Court Fourth District in this matter on May 2, 2002. The court
    reversed the Board’s decision in this proceeding finding that the Board had jurisdiction. The
    court stated, “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. 2001).
     
    The language of the court is clear that a hearing on the sufficiency of the insurance
    policy be held. Therefore, the Board declines to rule on the motion for summary judgment and
    this matter shall proceed to hearing. However, the petitioner may raise the arguments
    presented in the motion in the post-hearing brief and respondent may raise any arguments in
    the post-hearing brief. In addition, the respondent has brought to the Board’s attention that the
    record has not been filed in this case. The respondent shall file the record no later than 30
    days before the date of hearing.
     
    IT IS SO ORDERED.
     
     
      
     
     
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on August 8, 2002, by a vote of 7-0.
     
     
      
      
      
      
      
      
     
    Dorothy
    M.
    Gunn,
    Clerk
    Illinois
    Pollution
    Control
    Board

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