ILLINOIS POLLUTION CONTROL BOARD

October

8,

1981

CITY OF MARQUETTE HEIGHTS,

)

Petitioner,

v.

)

PCB 81—15

ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY,

Respondent.

ORDER OF THE BOARD

(by J.D.

Dumelle):

On September 24,

1981 the City of Marquette Heights

(City)

filed a motion

for oral argument and a motion to strike the

Illinois Environmental Protection Agency’s

(Agency’s) recommen-

dation in this matter.

Both motions are hereby denied.

The Board does not favor oral argument and will not grant

it under normal circumstances.

Since no allegations are made

of necessity for such argument, it will not be granted in this

case.

The grounds for striking the Agency recommendation are

that the preparer of the recommendation was not qualified to

prepare it and that the Agency failed to include an estimate

of the costs of compliance.

The Agency recommendation is

simply a statement of the Agency’s position regarding the

variance request.

It is not the testimony of any individual.

That it was signed by an agent of the Agency is sufficient.

Further,

the City has had an opportunity

to rebut any aspects

of the recommendation with which it disagrees.

Finally,

the failure to estimate costs

is not a defect

which subjects the recommendation to being stricken.

IT IS SO ORDERED.

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Bgard, hereby ~r..1~ifythat the above Ord~rwas adopted

on

the

~~‘-

day of

c~-(H-&J

,

by a vote of ~

Christan L. Moffe

,

lerk

Illinois Pollution

ntrol Board

43—453