ILLtNOIS POLLUTION CONTROL BOARD

April 2, 1984

INDUSTRIAL SALVAGE, INC.,

)

Petitioner,

vs.

)

PCB 83—173

COUNTY BOARD OF MARION,

)

Respondent.

ORDER OF THE BOAR~ (by B, Forcade):

On March 2, 1984, Shirley Watson, et. al., filed a Motion

to Reconsider the Board3s February 22, 1984 Opinion and Order in

this riatter, On March 26, 1984 Marion County Filed a Motion to

Vacate the February 22, 1984 Order. Both motions urge the Board

to vacate the prior Opinion and Order since none of the attorneys

arid no member of the public objected to the procedural rulings at

the September 13, L983, Marion County hearing. Also, neither the

attorneys nor members of the public posed objections to the

September 13,1983, procedural rulings at this Board’s

hearing on

February 2, 1984.

Section 40,1(a) of the Environmental Protection Act requires

this Board to make findings regarding the fundamental fairness of

the procedures employed by the County, whether raised by the

parties or not. E & E Haulina requires those hearings to be

adjudicative, and statutory adjudicative due process

requires an

opportunity to cross~examinewitnesses, Since Marion

did not

provide an opportunity to cross-examine by the attorneys

(and

perhaps by the public) this matter must be remanded.

The Board notes that the Motion to Reconsider and Motion for

a Special Meeting are improper, as Watson is not a party, having

never requested or been granted intervenor status.

The Motion to Vacate is denied,

The Board has resolved these issues at a Special Board

meeting to remove any cloud of uncertainty concerning the Coun—

ty~sscheduled April 5, 1984 hearing.

IT IS SO ORDERED,

Board Members

J.D.

Dumelle and J. Theodore Meyer dissented.

57-347

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2

I, Christan L.

Moffett, Clerk of the Illinois Pollution

Control :~oard, hereb ce~tifythat the above Order was adopted on

the~

day of ~

,

Illinois Pollul

57-348