ILLINOIS POLLUTION CONTROL BOARD

September 29, 1975

METROPOLITAN SANITARY DISTRICT ET AL.,

)

Petitioner,

v.

)

PCB 75—338

ENVIRONMENTAL PROTECTION AGENCY,

Resuondent.

ORDER OF THE BOARD

(by Mr. Goodman):

Several motions were filed with the Pollution Control

Board

(Board)

in this matter:

1)

The September 12,

1975, motion of the Environmental

Protection Agency

(Agency)

to make more specific is denied

as moot.

2)

The Agency’s motion to strike

and dismiss paragraph

22 of MSD’s permit appeal

is granted.

Section

40 of the

Environmental Protection Act specifically states that in

permit appeals “the burden of proof shall be on the petitioner.”

3)

Motion by Fulton County Citizens for Better Health

and Environment for intervention

is granted.

Rule

502(b)

of the Board’s Procedural Rules cause Rule 310 to be appli-

cable to intervention in permit appeals.

4)

Petitioner’s motion to hold hearings in Chicago,

Illinois

is denied and hearings are ordered to be held in

Fulton County,

the site of the property in question.

IT IS SO ORDERED.

I, Christan L.

Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify the above Order was adopted on

t~f

—

day of

~

1975 by a vote of

CQnL.M~O~

Illinois Pollution Co

ol Board

18

—

643