ILLINOIS POLLUTION CONTROL BOARD

May 28, 1981

ALLIANCE FOR A SAFE

ME~ et al.

Petitioners,

v.

)

PCB 80—184

)

AKRON LAND CORPORATION and the ILLINOIS

ENVIRONMENTAL PROTECTION AGENCY,

Respondents.

ORDER OF THE BOARD (by D. Satchell):

On May 18, 1981 Alliance for a Safe Environment and seven

individual petitioners filed a motion to reinstate and award costs.

The motion seeks modification of the Board’s Order of May 14, 1981

which remanded this permit appeal to the Agency for revocation of

the permit after the applicant admitted that there had been an

error in the application. The petitioners agree with the result

but seek costs pursuant to Procedural Rule 504. They note that the

Board acted on the applicant’s motion to cancel the permit without

affording petitioners an opportunity to reply fProcedural Rule 308(c).

The Board will consider the motion for costs on its merits as though

it had been received prior to the Order to rett’~and.

Procedural Rule 504 provides that the Board may allocate costs

as it deems equitable. The error in the application resulted from

an incorrect calculation made by a consulting engineer. There is no

indication that there was any bad faith or lack of diligence on the

part of the applicant or that the error was not promptly disclosed

or that any delay in disclosure imposed additional costs on peti-

tioners. Under the circumstances it would not be equitable to

impose costs. The motion is denied.

IT IS SO ORDERED.

I, Christan L. Moffett, Clerk of the Illinois Pollution Conti~ol

Board, hereby certify that the above Order was adopted on the

~

day of

IV)

,

1981 by a vote of

-‘/~-)

Christan L. Mo fe1E~., Clerk

Illinois Pollut~b~Control Board

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