ILLINOIS

POLLUTION

CONTROL

BOARD

January

24,

1D72

ENVIRONMENTAL

PROTECTION

AGENCY

v.

)

#71-53

CHARLES

U.

RHODES

Opinion

and

Order

of the

Board

on

Motion

for

Modification(by

Mr.

Currie):

Our

order

of September

16,

1971

imposed

a

penalty

of

$1500

for

violations

of

the

landfill

rules.

Hhodes

asks

us

to reduce

the

penalty

to

$500

on the

basis

of

the

nature

of the

violation

(the

material

was

‘~toa large

part

masonryt~)

and

ôconomjc

hardship,

which

is

supported

by

an

affidavit

in the

same

ronclusory

language.

As

the

Agency

urges,

we

deny the

motion.

The

Board~s

initial

order

was

entered

on

the

basis

of a hearing

in

which

the

full

opportunity

was

given

for

evidence

on

all

issues,

including

the

nature

of

the

violation

and

the

financial

condition

of the

operator.

Only

in

the

most

unusual

cir-

cumstances

will

we

consider

retrying

issues

already

concluded,

for

to

do

otherwise

would

mean

we

would

never

be through

a case.

Our

reluctance

to

retry

this

case

is

compounded

by

the

lateness

of the

request,

which

was

made

nearly

two

months

after

entry

of

the

order.

Moreover,

there

is

no

allegation

of facts

to

support

the

conclusory

statement

that

the

penalty

would

impose

an

economic

hardship,

and

we

could

not grant

relief

in any

case

on

the

basis

of

a

mere

conclusion.

Finally,

we have

no

indication

that

even the

reduced

penalty

would

be

paid

promptly.

The motion

is hereby

denied.

I,

Christan

L.

Moffett,

Clerk

of the

Pollution

Control

Board

certify

that

the

Board

adopted

the

above

Opinion

and

Order

this

24th

day

of

January,

1972

by

a vote

of

3-0.

~

3—517