ILLINOIS
POLLUTION CONTROL BOARD
September
6,
1984
INT)TJSTRIAL SALVAGE,
INC..,
Petitioner,
v.
)
PCB 83—173
COUNTY BOARD OF MARION,
)
Respondent0
)
ORDER OF THE BOARD
(by B.
Forcade):
On August 20,
1984,
Industrial Salvage,
Inc.
(“Industrial~)
filed a ~Petition for Reconsideration~requesting that the Board
reconsider its Opinion and Order of August
2,
1984.
Industrial
presents no new facts or circumstances in support of its petition,
but merely re—argues the relative strengths and weaknesses of the
evidence presented at hearing.
The motion for reconsideration is
granted.
Industrial asserts that the changing definition of need
in
criterion number one, as defined in E
& E Hauling, Waste
~~emen~j
and Waste Management II, provided a moving target
for Industrial~sburden of proof, thus making the Marion procedure
fundamentally unfair.
This argument is rejected.
Industrial has
not claimed that any action or inaction by Marion gave rise to a
fundamentally unfair proceeding.
Industrial had an opportunity
to present all the evidence
it possessed on the need criterion,
contemporaneous or subsequent judicial opinions did not impair
that right.
The Board notes that while Industrial accurately characterizes
the evidence presented by siting opponents as
somewhat weak, its
own evidence suffered from the same deficiencies, Industrial
had
the burden,
in this proceeding, to support its position by the
preponderance of the evidence0
The County Board may have properly
found against Industrial and that decision was not against
the
manifest weight of the evidence.
The BoarcVs August
2,
1984
Opinion and Order
is affirmed.
IT IS SO ORDERED.
Board Member
J, Anderson dissented and Board Member
J.
Theodore Meyer concurred.
I, Dorothy M.
Gunu,
Clerk of the Illinois Pollution
Control
Board,
hereby certify that the above Order was adopted on the
~
day of ~
,
1984 by a vote of
____________
4
~
Dorothy M./Gunn, Clerk
Illinois Pollution Control Board
60-35