ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    March 19, 1982
    COUNTY OF LA SALLE, ex
    reL
    GARY PETERLIN,
    STATE’S ATTORNEY OF LASALLE COUNTY:
    )
    THE VILLAGE OF NAPLATE, a municipal
    corporation;
    THE CITY OF OTTAWA,
    a municipal corporation; THE
    VILLAGE
    OF
    UTICA, a
    municipal corporation;
    )
    OTTAWA TOWNSHIP
    BOARD
    OF TRUSTEES,
    ex
    rd.
    )
    THE
    TOWN
    OF OTTAWA;
    RESIDENTS AGAINST
    )
    POLLUTED ENVIRONMENT, an Illinois
    not—
    )
    for-profit corporation;
    ROSEMARY
    SINON;
    )
    MARIE MADDEN;
    and JOAN
    BENYA
    BERNABEI,
    )
    Petitioners,
    )
    PCB 81—10
    )
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY;
    )
    WILLIAM CLARKE;
    P:EONEER
    DEVELOPMENT;
    )
    PIONEER PROCESSING,
    INC.,
    and
    WILMER AND EDITH BROCKMAN,
    )
    Respondents.
    ORDER OF THE BOARD
    (
    by J,D. Dumelle):
    On
    February
    22,
    1982,
    Petitioners filed a motion to preserve
    the integrity of the
    record and no
    response has been filed.
    On March
    12,
    1982, the
    Illinois Environmental Protection Agency
    (Agency) filed
    a motion for substitution of documents to which
    the Agency represents Petitioners are in concurrence.
    This
    motion appears to show tacit concurrence with Petitioners’
    motion,
    Both motions are, therefore,
    granted.
    The Hearing Officer Order of February
    11,
    1982,
    ordering
    return
    of
    certain exhibits
    which
    were not admitted
    at
    hearing
    is hereby overruled and the Agency is allowed to substitute
    copies of Exhibits 29—34 for the originals~
    The Board notes, however, that in Petitioners~ motion,
    the statement is made that the Board has refused to admit
    Exhibits 29-34,
    citing
    Motion
    For
    Admission of Exhibits,
    February 10, 1982,
    pp.
    10—13,
    However, the Board has never
    so ruled
    in that that motion has never been properly before
    the Board due to a failure to
    include Proof of Service.
    The
    Board has,
    in fact, reviewed
    all
    exhibits
    in this
    matter
    and has
    accorded them whatever
    weight they deserve
    under the scope
    of
    review
    in a
    Section 40(b) hearing
    as
    delineated
    in the Board’s
    February 17, 1982 Opinion
    in
    this matter.
    IT IS
    SO ORDERED.
    45—527
    Mr.
    Anderson abstained,
    I,
    Christan
    L.
    Moffett, Clerk of the Illinois Pollution
    control
    Board,
    hereby certif11 that the above Order was adopted
    on the
    ~
    day of
    ~
    1982 by a vote of~.?-O
    ()L ~
    __
    ~stanL.Mof~e,clerk
    Illinois Pollution control Board
    45—528

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