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

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