ILLINOIS POLLUTION CONTROL BOARD
March
6,
1975
CITIZENS FOR A BETTER ENVIRONMENT,
Complainant,
vs.
)
PCB 74—367
CITIZENS UTILITIES COMPANY OF
ILLINOIS,
Respondent.
ORDER OF THE
BOARD
(by Mr. Henss):
Complainant moves the Board to reverse the ruling of the
Hearing Officer entered on February 14,
1975, which order
denied the admission into evidence of certain of Complainant’s
exhibits.
The exhibits were apparently samples of water and
various
items of discolored laundry.
The record was not sub-
mitted to us, but we gather from the pleadings that these
exhibits were deemed inadmissable because they were not
collected within the time period alleged in the Complaint and
the method used in collecting the samples and exhibits was
not scientifically and legally reliable.
Complainant has now
filed a Second Amended Complaint which encompasses the time
period when the exhibits were collected.
The record has not
been closed and further hearings are scheduled.
We deny the motion without prejudice,
since
it
is not
accompanied by sufficient record from which we can conclude
that the Hearing Officer was in error.
The filing of the
Second Amended Complaint will undoubtedly eliminate one of the
issues with regard to the admissability of such evidence upon
subsequent hearings.
Because the time period of
the Complaint
has now been extended,
our ruling
is without prejudice to
Complainant’s right to again offer such exhibits for ruling by
the Hearing Officer.
However,
it
is the burden of Complainant
to establish the reliability and competency of its evidence,
and the record submitted to us is too meager for us
to draw a
conclusion on that issue.
16—37
—2—
Motion to reverse the ruling of the Hearing Officer with
regard to the admissability of Complainant’s Exhibits
2 through
12 is hereby denied without prejudice.
I, Christan L. Moffett, Clerk of the Illinois Pollution Coi~trol
Board, hereby certify the above Order was adopted this
~
I
day of çfl~J~
,
1975 by a vote of
4
to~
16—38