BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
)
)
)
)
AC 05-72
v.
)
)
)
(IEPA No. 144-05-AC)
GARY CLOVER d/b/a/ CLOVER
CONCRETE,
)
)
Respondent.
)
)
NOTICE OF FILING
To: Gary Clover
11704 North Route 37
Marion, Illinois 62959
PLEASE TAKE NOTICE that on this date I submitted electronically for filing with the Clerk
of the Pollution Control Board of the State of Illinois the following instrument(s) entitled MOTION
TO SUBSTITUTE PAGES.
Respectfully Submitted,
_________________________________
Michelle M. Ryan
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Dated: May 9, 2007
THIS FILING SUBMITTED ON RECYCLED PAPER
Electronic Filing, Received, Clerk's Office, May 9, 2007
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
)
)
)
)
AC 05-72
v.
)
)
)
(IEPA No. 144-05-AC)
GARY CLOVER d/b/a CLOVER
CONCRETE,
)
)
Respondent.
)
)
MOTION TO SUBSTITUTE PAGES
NOW COMES the Complainant, the Illinois Environmental Protection Agency (“Illinois EPA”),
by and through its attorney, Michelle M. Ryan, pursuant to 35 Ill. Adm. Code 101.522, and respectfully
states as follows:
(1)
This Administrative Citation was originally issued on May 19, 2005.
(2)
The May 19, 2005 filing indicated that the inspection resulting in this Administrative
Citation was conducted on March 31, 2005. While preparing for hearing in this matter, the undersigned
attorney discovered that the inspection report dated March 31, 2005 was based upon an inspection
conducted on March 29, 2005.
(3)
Respondent was served in this matter on May 20, 2005, within the statutory time frame of
60 days from the date of the observed violation, as set forth in Section 31.1(b) of the Environmental
Protection Act, 415 ILCS 5/31.1(b)(2002) (“Act”).
(4)
The penalty requested in the original filing of $6,000 was based, in part, upon a
previously adjudicated violation of Section 21(p)(1) of the Act in case AC 04-37. It was later
determined by the parties and reported to the assigned hearing officer during a status call that the
Electronic Filing, Received, Clerk's Office, May 9, 2007
Respondent in this case, although having the same name, was not the same party as in case AC 04-37,
and therefore the correct penalty request should have been $4,500.
(5)
These clarifications were brought to the attention of the Board through the hearing officer
at the hearing on May 8, 2007.
(6)
Respondent did not attend the hearing in this matter, and therefore did not object to these
amendments.
(7)
Complainant has attached modified copies of pages 1-2 of the Administrative Citation,
including the corrected date and penalty request, for substitution.
(8)
No prejudice will result by granting this motion, because the Respondent was timely
served, and the reduction in the penalty demand inures to his benefit.
WHEREFORE, Illinois EPA requests that the Board grant this Motion and accept the substituted
pages of the Administrative Citation.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant
DATED: May 9, 2007
_________________________________
Michelle M. Ryan
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Electronic Filing, Received, Clerk's Office, May 9, 2007
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
Complainant,
)
)
)
)
AC 05-72
v.
)
)
)
(IEPA No. 144-05-AC)
GARY CLOVER d/b/a CLOVER
CONCRETE,
)
)
Respondent.
)
)
JURISDICTION
This Administrative Citation is issued pursuant to the authority vested in the Illinois
Environmental Protection Agency by Section 31.1 of the Illinois Environmental Protection Act, 415
ILCS 5/31.1 (2002).
FACTS
1.
That Gary Clover d/b/a Clover Concrete (“Respondent”) is the present owner and
operator of a facility located at 11704 N. Route 37, Marion, Williamson County, Illinois. The
property is commonly known to the Illinois Environmental Protection Agency as Clover Concrete
(Gary Clover).
2.
That said facility is an open dump operating without an Illinois Environmental Protection
Agency Operating Permit and is designated with Site Code No. 1990555132.
3.
That Respondent has owned and operated said facility at all times pertinent hereto.
4.
That on March 29, 2005, Scott Arnold of the Illinois Environmental Protection Agency’s
Marion Regional Office inspected the above-described facility. A copy of his inspection report setting
forth the results of said inspection is attached hereto and made a part hereof.
Electronic Filing, Received, Clerk's Office, May 9, 2007
VIOLATIONS
Based upon direct observations made by Scott Arnold during the course of his March 29, 2005
inspection of the above-named facility, the Illinois Environmental Protection Agency has determined
that Respondent has violated the Illinois Environmental Protection Act (hereinafter, the “Act”) as
follows:
(1)
That Respondent caused or allowed the open dumping of waste in a manner resulting in
litter, a violation of Section 21(p)(1) of the Act, 415 ILCS 5/21(p)(1) (2002).
(2)
That Respondent caused or allowed the open dumping of waste in a manner resulting in
open burning, a violation of Section 21(p)(3) of the Act, 415 ILCS 5/21(p)(3) (2002).
(3)
That Respondent caused or allowed the open dumping of waste in a manner resulting in
deposition of waste in standing or flowing waters, a violation of Section 21(p)(4) of the
Act, 415 ILCS 5/21(p)(4) (2002).
CIVIL PENALTY
Pursuant to Section 42(b)(4-5) of the Act, 415 ILCS 5/42(b)(4-5) (2002), Respondent is subject
to a civil penalty of One Thousand Five Hundred Dollars ($1,500.00) for each of the violations identified
above, for a total of
Four Thousand Five Hundred Dollars ($4,500.00). If Respondent elects not to
petition the Illinois Pollution Control Board, the statutory civil penalty specified above shall be due and
payable no later than
June 15, 2005, unless otherwise provided by order of the Illinois Pollution Control
Board.
Electronic Filing, Received, Clerk's Office, May 9, 2007
CERTIFICATION
Under penalties as provided by law pursuant to Section 1-109 of the Code of Civil
Procedure, the undersigned certifies that the statements set forth in this instrument entitled MOTION
TO SUBSTITUTE PAGES are true and correct, except as to matters therein stated to be on
information and belief and as to such matters the undersigned certifies as aforesaid that she verily
believes the same to be true.
_________________________________
Michelle M. Ryan
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Dated: May 9, 2007
6
Electronic Filing, Received, Clerk's Office, May 9, 2007
PROOF OF SERVICE
I hereby certify that I did on the 9
th
day of May, 2007, send by U.S. Mail with postage
thereon fully prepaid, by depositing in a United States Post Office Box a true and correct copy of
the following instrument(s) entitled APPEARANCE and MOTION TO SUBSTITUTE PAGES
To: Gary Clover
11704 North Route 37
Marion, Illinois 62959
and an electronic copy of the same MOTION TO SUBSTITUTE PAGES on the same date via
electronic filing
To: Dorothy Gunn, Clerk
Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
_________________________________
Michelle M. Ryan
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
THIS FILING SUBMITTED ON RECYCLED PAPER
Electronic Filing, Received, Clerk's Office, May 9, 2007
