ILLINOIS POLLUTION CONTROL BOARD
    January
    9,
    1992
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Complainant,
    )
    v.
    )
    AC 89—224
    (Dockets A
    & B)
    (Administrative Citation)
    JOHN VANDER,
    )
    (IEPA No. 9951-AC)
    )
    Respondent.
    OPINION
    AND ORDER
    OF THE BOARD
    (by N. Nardulli):
    This matter
    is before
    the Board on remand by the
    Illinois
    Appellate Court.
    In its October
    2,
    1991.decision, the appellate
    court reversed the Board’s finding that respondent’s conduct did
    not constitute open dumping such that respondent did not violate
    Sections
    21(q) (1)
    and
    (3)
    of
    the
    Environmental
    Protection
    Act
    (Act).
    (Ill.
    Rev.
    Stat.
    1989,
    ch.
    11.
    1/2,
    par.
    1021(q)(1)
    and
    (3).)
    The appellate court’s mandate issued on November 25,
    1991.
    Consistent with the appellate court’s decision reversing and
    remanding this matter to the Board, the Board hereby finds that the
    Illinois
    Environmental
    Protection
    Agency
    established
    that
    respondent violated Section 21(q) (1) of the Act in that respondent
    caused
    or allowed open dumping resulting in
    litter and Section
    21(q) (3)
    of the Act
    in that respondent
    caused
    or
    allowed
    open
    dumping resulting in open burning.’
    Pursuant to Section 42(b)(4)
    of
    the
    Act,
    the
    Board
    hereby
    imposes
    a
    $1,000
    penalty
    on
    respondent.
    DOCKET B
    Pursuant to Section 42(b) of the Act, any person found to have
    violated Section 21(q) of the Act is required to pay hearing costs
    incurred by the Board and the Agency.
    The Clerk of the Board and
    the Agency are ordered to file a statement of costs,
    supported by
    affidavit, with the Board and with service upon respondent.
    Upon
    receipt and subsequent
    review,
    the Board will
    issue
    a
    separate
    final order addressing the issue of costs.
    This
    opinion constitutes the
    Board’s findings
    of
    fact and
    conclusions of law in this matter.
    ORDER
    1.
    Respondent did not allege that these violations resulted
    from uncontrollable circumstances.
    (See, Ill. Rev. Stat.
    1989,
    ch.
    ill 1/2, par. 1031.1(d) (2).)
    129—111
    1.
    The Board finds that respondent John Vander has violated
    Section 21(q) (1) and 21(q) (3)
    of the Act as alleged
    in
    the complaint
    and,
    therefore,
    respondent
    shall
    pay
    a
    statutory penalty Of $1,000.
    2.
    Within 45 days of the date of this Order of January
    9,
    1992,
    respondent
    shall,
    by
    certified
    check
    or
    money
    order,
    pay
    a
    civil
    penalty
    of
    $1,000
    payable to
    the
    Illinois
    Environmental
    Trust
    Fund
    at
    the
    following
    address:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield, IL 62706
    3.
    Docket A is closed.
    4.
    Within 30 days of the date of this Order,
    the Clerk of
    the Board and the Agency shall file a statement of costs,
    supported by affidavit, and with service upon respondent.
    Such filing shall be entered in Docket B.
    5.
    Respondent is given leave to file
    a reply/objection to
    the filings ordered in paragraph 4 within 45 days of the
    date of this Order of January
    9,
    1992.
    IT IS SO ORDERED.
    I, Dorothy N.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    hereby certify that the above order was adopted on the
    ‘~Z
    day of
    _______________
    ,
    1992 by a vote of
    ________
    ~Dorothy M./~unn,c~lerk
    Illinois ~óllution Control Board
    129—112

    Back to top