ILLINOIS POLLUTION CONTROL BOARD
    July 22, 1976
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Complainant,
    v.
    )
    PCB 75—356
    HAROLD
    K. FASSETT, HENRY W. FASSETT
    and J.P. WETHERBY CONSTRUCTION,
    a Delaware Corporation,
    )
    Respondent.
    ORDER OF THE BOARD
    (by Mr. Dumelle):
    On June 14,
    1976 Respondents filed the present Motion for
    Reopening and/or Reconsideration of the Boardts April
    8,
    1976
    Opinion and Order.
    On June
    3,
    1976 the Board denied previous
    motions
    to reconsider because of a lack of any verification or
    support for the allegations therein.
    The present Motion is
    verified by affidavit and does present some supporting documen-
    tation.
    Based upon the evidence now before it the Board hereby
    grants the Motion to Reconsider the penalty assessed against
    Respondents Harold K.
    Fassett and Henry W. Fassett (Fassetts).
    In doing so,
    however, the Board reaffirms that the initial
    penalties were fair, appropriate and fully warranted by the
    facts which had been stipulated to by the parties.
    Section
    31
    (c)
    of the Act allocates the burden of proving mitigation to the
    Respondent.
    Such evidence was not brought before the Board
    in
    the parties’ Stipulation.
    Had the Stipulation been complete
    and properly drafted to begin with,
    it would not have been
    necessary to waste so much of the Board’s time and resources
    (as well as the parties’) on these motions subsequent to
    the entry of the final Order.
    Paragraph
    7 of the Motion refers to facts “known to the
    Assistant Attorney Generals who were handling this matter on
    behalf of the Pollution Control Board.”
    (emphasis added)
    The
    23
    —
    101
    —2—
    Attorney General handled this matter
    on
    behalf of the Agency.
    The Board, being the adjudicative agency was not, and could
    not be,
    a party in a proceeding before the Board.
    The Board
    is confined to this record in any given case.
    If a party
    wishes to carry its burden under Section 31(c)
    of the Act it
    must submit evidence.
    Having considered the record as it now exists the Board
    finds mitigation sufficient to hereby reduce the penalty
    assessed against the Fassetts to $500.00.
    The Board finds
    no adequate reason to reconsider the penalty to the Wetherby
    Construction Corporation, and therefore denies that part of the
    instant Motion.
    IT
    IS SO ORDERED.
    Messrs.
    Zeitlin and Young dissent.
    I, Christan L. Moffett,
    Clerk of the Illinois Pollution Cpntrol
    Board, hereby certify the above Order was adopted on the
    ~
    day
    July,
    1976 by a vote of
    ~
    Illinois Pollution C
    ci Board
    23-102

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