ILLINOIS POLLUTION CONTROL BOARD
October
5,
1982
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
Complainant,
v.
)
PCB 81—98
WASTELAND,
INC., an Illinois
)
Corporation, VERNON LAMOREAUX,
DENNIS
)
LAMOREAUX, ROGER PEMBLE, and WASTE
)
RESOURCES CORPORATION,
an Illinois
)
Corporation,
Respondents.
ORDER OF THE BOARD
(by J.D.
Dumelle):
On September 17,
1982 the respondents
in this matter filed
a
motion to modify the Board’s Order of August 26,
1982, arguing
that the Order was based upon hearsay and that the penalty ~ind
performance bond imposed were not adequately supported by the
record.
The Illinois Environmental Protection Agency filed a
response on September 30,
1982 which argued that the hearsay
testimony fell under the admission of a party opponent exception
and that the record clearly substantiated the need for such
a
penalty and performance bond.
The Board agrees with the Agency
on both points and Respondents’
September 17, 1982 motion is
hereby denied.
Further, even if such statements did not fall
under a hearsay exception, such evidence could be considered
pursuant to Section 103.204 so long as
it “would be relied upon
by reasonably prudent persons in the conduct of serious affairs.”
The Board notes that the Agency’s response was accompanied
by a motion to modify the Board’s August 26, 1982 Order.
The Board
will not rule on that motion
at: this time in that the respondents
have not yet responded to that motion and the response time has
not yet lapsed.
IT IS SO ORDERED.
Board Member N.
Werner abstained.
I,
Christan L. Moffett,
Clerk of the Illinois Pollution
Control Board, hereby certify that the above Order was adopted on
the
_______day of
~C~~J~/t&.i
,
1982 by a vote
of
q~
“1
~
~
•
~.
~
Chistan L. MoffetL~Clerk
Illinois Pollution Control Board
49-07