ILLINOIS
    POLLUTION CONTROL
    BOARD
    December
    17,
    1981
    TECHNICAL SERVICE COMPANY, INC~,
    A Corporation,
    Petitioner,
    PCB
    81—105
    ILLINOIS ENVIRONMENTAL PROTECTION
    AGENCY,
    Respondent
    ORDER OF THE BOARD
    (by J.D,
    DumeUe):
    On November 19,
    1981 Technical
    Service Company,
    Inc.
    (Technical Services)
    filed a timely motion for reconsideration
    which failed to include proof of services
    On December
    3,
    1981
    the Illinois Environmental Protection Agency (Agency) filed
    a
    response and request for clarification which includes what is
    construed to be a motion to strike Technical Services petition
    for reconsideration based upon the lack of proof of service.
    Technical Services filed a reply to the Agency’s response
    on December 14,
    1981.
    The Agency’s motion to strike is denied~ Given that
    the Agency in fact responded to Technical Services’ petition,
    service must have occurred and no prejudice could have resulted
    from the technical violation of Procedural Rule 308 requiring
    proof of service.
    Technical Services’ motion for reconsideration is denied
    except as
    it regards the computation of time for Agency action,
    The Board notes that Procedural Rule
    105 is in accord with Ill.
    Rev.
    State
    (1979), Ch,
    1, par~ 1012 and reaffirms its holding
    that the Agency’s denial of the permit in this matter was timely.
    The Agency’s request for clarification is also denied,
    although the Board notes that it did not find that the materials
    in Pond Number
    1 would have been sold but for the litigation
    involving it or that Safe~y~j~een
    necessarily indicates that
    the material
    in that pond
    is not a wastes
    These are issues
    for the court to decide in the ongoing litigation concerning
    Pond Number
    1 and have not been, and need not be, decided by
    the Board here.
    The Board was merely noting Technical Services’
    arguments.
    IT IS SO ORDERED.
    44—235
    I, Christan
    L. Moffett,
    Clerk of the Illinois Pollution
    Control Board, hereby
    y that the above
    Order
    was adopted
    on the j~7~day of
    _______________
    1981 by a Vote of
    4’-o
    ~~Mof~~k
    ChrListan
    L.
    Illinois
    Pollution~6ntrolBoard
    44—236

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