ILLINOIS POLLUTION CONTROL BOARD
October 10, 1985
CONCERNED CITIZENS GROUP,
)
An Unincorporated, Voluntary
)
Association; THERESA CASTARELLI;
)
DEE ANN
MAYER
and SHIRLEY WATSON
)
)
Petitioners
)
)
PCB
85—97
v.
)
)
COUNTY OF
MARION
and I.S., INC.,
)
An Illinois Corporation also
)
known as INDUSTRIAL SALVAGE and
)
TJDUSTRIAL SALVAGE, INC.,
)
Respondents
ORDER OF
THE
BOARD
(by R.
C. Flemal):
On September 12, 1985, Respondent I.S.,
Inc.
(‘I.S.’), also
known as Industrial Salvage and Industrial Salvage,
Inc., filed a
‘motion to correct record and pleadings’ in this matter.
This
motion requests that the Board,
if it finds it ‘desirable or
necessary’, modify by interlineation the record and pleadings to
iniert the name ‘1.5., Inc.’ wherever the names ‘Industrial
Salvage’ or ‘Industrial Salvage, Inc.’ appear.
This motion is apparently in response to Petitioner’s
allegation that I.S. misrepresented its true identity to the
Marion County Board at hearing on I.S.’ petition before that body
for approval of a new regional pollution control facility in
Marion County, Illinois.
I.S. contends that there was no
misrepresentation and that the County Board was not deceived nor
defrauded by any alleged confusion regarding the true identity of
I.S.
The Board does not accept the rationale for this motion.
Petitioners have raised the issue of possible misrepresentation
on the pert of 1.S.; Board determination of this issue will
require analysis of the record as it was developed before the
Marion County Board.
To grant the motion put forward by I.S.
would be to effectively alter the record, thereby preventing the
Board from accurately appraising the merits of the claim raised
by Petitioners.
The Board therefore denies the motion offerred
by I.S.
The Board points out, however, that by this Order
it
takes no position on the merits of the ‘misrepresentation’ issue
as raised by the Petitioners.
IT IS SO ORDERED.
Board Members Joan G. Anderson, S. Theodore Meyer, and John
Marlin dissented.
sea
—2—
I,
Dorothy ~4.Gunri,
Clerk of the Illinoi3 Pollution ‘2o~rY
3oar•~,herehycertify
that the above Ordei wa~
~dopte~
on
~
day of
____________________,
1985,
by
vote
of
/~
*
~
~
72i.
~
~‘
____
Dorothy M~dunn,
Clerk
Illinois Pollution Control
f3oar3.
66-40