ILLINOIS POLLUTION CONTROL BOARD
    August 6, 1998
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    CRAIG LINTON, an individual, and
    RANDY ROWE, an individual,
    Respondents.
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    PCB 98-80
    (Enforcement - Land)
    ORDER OF THE BOARD (by M. McFawn):
    Before the Board is “Complainant’s Motion for Summary Judgment,” filed on July 21,
    1998. In the motion, complainant asserts that there are not disputed facts in this case, and that
    consequently complainant is entitled to summary judgment on its complaint alleging liability
    on the part of the respondents for costs incurred by the Illinois Environmental Protection
    Agency (Agency) in cleaning up waste tires accumulated on respondents’ property. In support
    of the motion, complainant has attached numerous documents to its motion, including Agency
    inspection reports, correspondence, and a copy of the title deed to respondents’ property.
    Respondents did not respond to the motion.
    Summary judgment is to be granted where the pleadings, depositions, and admissions
    on file, together with the affidavits, if any, show that there is no genuine issue as to any
    material fact and the moving party is entitled to judgment as a matter of law. Jackson Jordan,
    Inc. v. Leydig, Voit & Mayer, 158 Ill. 2d 240, 249, 633 N.E.2d 627, 630 (1994). The
    documents appended to complainant’s motion are neither pleadings, depositions, or (with two
    exceptions) admissions on file, nor are they affidavits; nor has complainant provided affidavits
    laying a foundation for consideration of any of these documents by the Board in support of its
    summary judgment motion. The Board thus cannot consider the documents appended to the
    motion.
    The two exceptions to the foregoing statement are the respondents’ responses to
    complainant’s requests to admit facts, collectively Exhibit J to the motion. The facts admitted
    by the respondents in these documents are insufficient by themselves to establish liability.
    The Board accordingly denies “Complainant’s Motion for Summary Judgment,” but
    without prejudice to complainant to renew the motion with proper supporting affidavits.
    IT IS SO ORDERED.
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 6th day of August 1998 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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