FEB 0 2 2006BEFORE THE ILLINOIS POLLUTION CONTROL BOAR9STATEollutionOFILLINOISControl BoardPOST-HEARING BRIEF OF RESPONDENTThe Agency's position in this case is not sustained by the uncontroverted evidenceadduced at the Hearing.
(Tr.
at 21).
As there was no evidence to
indicate that the disposal service was operating without a permit, or otherwise improperly, afinding against the Respondent cannot be based up the fact that he placed some refuse into thecustody and control of such a service for ultimate disposal .
In light of the testimony and evidence presented at the hearing, the Agency's case against
Shrum can only be based on the fact that he mo...
Allowed
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