ILLINOIS POLLUTION CONTROL BOARD
    January
    9,
    1975
    ENVIRONMENTAL PROTECTION AGENCY,
    Complainant,
    vs.
    )
    PCB 73—223
    MARBLEHEAD
    LIME COMPANY,
    Respondent.
    ORDER OF THE BOARD
    (by Mr. Henss):
    Respondent Marblehead Lime Company has filed a “Motion to
    Vacate,
    or in Lieu Thereof,
    to Modify the Board’s Order of
    October
    10, 1974 and to Admit Evidence Relating to the Penalty
    Imposed in that Order”.
    Several different contentions are made.
    1.
    Respondent moves that we exclude evidence of
    possible violations occurring after the date of the filing
    of
    this
    Complaint.
    That motion is denied.
    We clearly
    stated on page
    3 of
    the Opinion that “we make no findings
    of violations after the filing date of
    the Complaint”.
    The findings of liability ~nd the penalty are not based
    upon any evidence of Respondent’s condUct which occurred
    after the date for the filing of the Complaint.
    Therefore,
    the request
    is moot.
    2.
    Respondent requests that we admit as additional
    evidence the affidavit of Respondent’s counsel and a
    photostatic copy of a newspaper article.
    The offer of
    evidence is not timely nor is the evidence competent or
    relevant.
    The motion to admit additional evidence is denied.
    3.
    Respondent requests that
    the
    imposition of penalty
    be stayed.
    However, there is
    no reason to do so unless
    Respondent seeks review in the Appellate Court.
    The
    Motion for Stay of Penalty will be denied at this time
    since Respondent has not appealed from the Order of the
    Board.
    15— 161
    4.
    Respondent requests that the Board specify the
    technologically and economically feasible controls which
    Respondent has been ordered to install.
    This Motion is
    also denied since it
    is not a function of the Board to
    specify
    the
    use of any particular type of
    equipment
    or
    particular
    process in the attainment of pollution standards.
    The citizens of Illinois meet pollution standards in
    a
    variety of ways and most companies prefer to use their
    own initiative and discretion
    in
    selecting equipment or
    process most suitable
    to
    their operations.
    The Board
    Order in this
    case adopts a well established procedure,
    i.e. the filing of a compliance program by the company
    with that compliance plan being subject to approval by
    the Agency.
    It is not a function of the Board to
    specify at the outset the precise controls which will
    be involved although the Board may ultimately review
    the adequacy of the compliance plan which is proposed by
    the company.
    The Motion is denied.
    I, Christan L. Moffett, Clerk of the Illinois Pollution Co4trol
    Board, hereby certify the above Order was adopted this
    9
    ‘~‘
    day of~b,\J.LA.4~,1975 by
    a vote of ____to_____
    15—
    162

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