ILLINOIS POLLUTION CONTROL BOARD
May 3, 2001
ILLINOIS ENVIRONMNETAL
PROTECTION AGENCY,
Complainant,
v.
LESLIE YOCUM, SANDRA YOCUM,
RICK L. YOCUM, and SHAWNA B.
YOCUM (BIRMINGHAM YOCUM #1),
Respondents.
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ILLINOIS ENVIRONMNETAL
PROTECTION AGENCY,
Complainant,
v.
LESLIE YOCUM and SANDRA YOCUM
(BIRMINGHAM/YOCUM #2)
Respondents.
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AC 01-29
(Administrative Citation)
(IEPA No. 063-01-AC)
AC 01-30
(Administrative Citation)
(IEPA No. 062-01-AC)
(Consolidated)
ORDER OF THE BOARD (by N.J. Melas):
On March 6, 2001, the Illinois Environmental Protection Agency (Agency) filed an
administrative citation against Leslie Yocum, Sandra Yocum, Rick L. Yocum, and Shawna B.
Yocum.
1
The Agency alleged that the aforementioned respondents were operating an
unpermitted open dump in unincorporated Birmingham, Schuyler County, Illinois
(Birmingham/Yocum #1) in violation of Sections 21(p)(1) and 21(p)(7) of the Environmental
Protection Act (Act). 415 ILCS 5/21(p)(1) and 21(p)(7) (1998). On the same date, the
Agency filed an administrative citation against Leslie Yocum and Sandra Yocum alleging that
they were operating an unpermitted open dump northeast of unincorporated Birmingham,
1
The administrative citation also listed Laura L. Yocum and Kandy S. Yocum as respondents,
but complainant subsequently filed a motion to dismiss these respondents which the Board
granted on April 5, 2001.
2
Schuyler County, Illinois (Birmingham/Yocum #2). The Agency made the same allegations
against the respondents in Birmingham/Yocum #1 as it did in Birmingham/Yocum #2.
On April 5, 2001, respondents submitted a petition for review in each matter.
Respondents stated that they did not cause or allow the alleged violations in each matter. In
each petition for review, respondents requested that the Board dismiss both administrative
citations. Complainant did not respond to the petitions for review.
In the interest of convenience and economy, the Board, on its own motion, hereby
consolidates, for purposes of hearing, AC 01-29 and AC-01-30. See 35 Ill. Adm. Code
101.406.
In their petitions for review, respondents present no facts to support their contention
that they did not cause or allow the alleged violations. The Board denies respondents’ requests
to dismiss. Respondents are free to present evidence at hearing to support their claims.
The hearing officer is directed to expeditiously proceed to hearing in these consolidated
matters.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above order was adopted on the 3rd day of May 2001 by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
