ILLINOIS POLLUTION CONTROL BOARD
May
24,
1973
IN THE MATTER OF
PROPOSED BEVERAGE CONTAINER
)
#R71-24
REGULATIONS
ORDER OF THE BOARD
(BY SAMUEL T.
LAWTON, JR.):
The
U.
S. Brewers Association, the National Can Company,
et
al, and the Illinois Soft Drink Association have filed a Motion
to Strike certain testimony and documents from the record.
These
include various communications to the Board, identified as Composite
Exhibit
7 and specified in the motion, testimony offered at the various
hearings with respect to the subjects of energy,
litter, consumerism,
and several specified documents alleged to be hearsay.
We find the motion in its entirety lacking in merit and,
accordingly,
deny it.
The Environmental Protection Act, Section 28, and Procedural
Rule 209 of the Pollution Control Board, both contemplate the sub-
mission of unsworn communications
to the Board in the course of
regulatory hearings.
Basic administrative law does not foreclose
the receipt of hearsay evidence if the same has relevancy to the
matter under consideration.
We believe the Hearing Officer was justified in permitting the
introduction
of all of the materials and testimony objected to.
The Motion to Strike is denied.
IT IS SO ORDERED.
I, Christan Moffett, Clerk of the Pollution Control Board, certify
that the above Order was adopted on the
~
~day of May,
1973, by
avoteof
______
to
8
—
103