ILLINOIS POLLUTION CONTROL BOARD

May 2, 1985

VILLAGE OF ADDISON,

)

Complainant,

v.

)

PCB 84—161

L

&

S

INDUSTRIES,

INC.,

Respondent.

INTERIM ORDER OF THE BOARD (by J. Anderson):

Hearing was held on this complaint March

28, 1985, exhibits

from

which were filed April

2, and the transcript of which was

filed April

22.

The Village’s Exhibit

3 is a peanut butter

jar

containing slightly over one and one—third cups of “rainwater

collected that

was

standing behind” the property of witness

Barbara Maziary, who collected the water

the morning of March 28,

1985

(R.

69).

When offering this exhibit into evidence,

the

Village’s attorney noted that “we

have

no chemical analysis of

what this is, but we will submit it

if the Board wishes to

perform an analysis on

it

for whatever value

it

is

.

.

.

(R.

70).

No objection was made to the admission of the exhibit.

The Board Members have examined this exhibit, with the

exception of Mr. Nega who

is

ill.

The water

is murky,

dark

solids having settled to the bottom of the

jar

to

a depth ranging

from 1/4

inch to 1/2 inch, while patches

of grayish scum float on

top of the water.

Grayish scum with some darker gray spots

adheres

to the sides of the jar

in the head space above

the

water,

the darker

spots

of scum also appearing beneath the

surface

of the water.,

When the lid is removed from the jar,

it

exudes

in part

a solvent odor,

This exhibit presents filing

and safety problems

to the

Board, particularly to the extent that any sample from such a

source as standing rainwater may contain bacteria.

The Board

also notes that transmission of this exhibit

in an intact state

to any court requested to review this exhibit would

be difficult,

and suspects that clerks

in any such courts might also share

the

Board’s safety concerns.

Therefore,

the

Board declines

to retain

this exhibit for any length of time,

or

to order

a laboratory

analysis of

its contents.

It

is not

the role of

the Board

to

conduct chemical analyses of exhibits, such decisions being

the

prerogative of the party sponsoring them in consideration of the

evidence needed

to support its case.

If

the

Village

is content

to abide with

the results of

the

Board Members~observations of

the water sample as earlier

outlined

in

this

Order,., the Board

requests authorization to

64-07

---

—2—

dispose of

the exhibit.

If not,

the Village will

be granted

leave

to withdraw the exhibit for analysis.

The Board notes that

entry of results of any such analysis into the record would not

be

automatic, but would be subject to a ruling by the Hearing

Officer

after his consideration of any evidentiary objections

respondent chooses

to make.

The Village

is directed

to file

either

a disposal authorization or

a motion to withdraw for

analysis on or before May

13.

Any objections respondent may have

to the procedure outlined

in this Order

for the handling of this

exhibit should also be filed on

or before May 13.

T~

SC

~‘RD~RED.

I, Dorothy

M. Gunn,

Clerk of

the Illinois Pollution Control

Board he~ebycertify

t

t

the above Interim Order was adopted on

the

~

day of

_________________,

1985 by a vote

of

,5—o

Dorothy M.

Gu

,

Clerk

Illinois Pollution Control Board