ILLINOIS POLLUTION CONTROL BOARD

February

1,

1996

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Complainant,

V.

)

AC 95—11

(IEPA NO. 42-95-AC)

(Administrative Citation)

GORDON MCCANN

AND

LARSON FOUNDATION,

Respondents.

INTERIM ORDER OF THE BOARD

(by R.C.

Flemal):

This matter comes before the Board upon a Notion for Default

Judgment filed by the Illinois Environmental Protection Agency

(Agency)

on January 22,

1996.

The Ayency filed the pertinent

Administrative Citation pursuant to Section 31.1 of the Illinois

Environmental Protection Act

(Act)

(415 ILCS 5/31.1

(1994)) with

the Board on February 3,

1995.

The Agency alleges respondents

Gordon McCann and the Larson Foundation violated the open dumping

(415

ILCS 5/21(p)

(1)) provision of the Act.

The statutory

penalty established for this violation is $500.00 pursuant to

Section 42(b) (4)

of the Act.

A hearing has not yet been held.

The Larson Foundation was served with the administrative

citation on January 30,

1995.

The Larson Foundation filed

a

timely a Petition for Review and Response with the Board on March

2,

1995.

However,

respondent Gordon McCann has not filed a

petition for review.

The record indicates service of the

Administrative Citation was made upon Gordon Mccann on February

6,

1995,

at which time Gordon Mccann personally signed the return

receipt.

Because Gordon McCann has not filed a petition for review

with the Clerk of the Board within 35 days of the date of service

as allowed by Section 31.1(d) (2)

of the Act, pursuant to Section

31.1(d) (1), the Board finds that Gordon McCann has violated the

provision alleged in the Administrative Citation.

Since there

is

one

(1)

such violation,

the total penalty to be imposed is set at

$500. 00.

The Board hereby grants the Agency’s Motion for Default

Judgment of Gordon McCann.

The Board will reserve issuing an

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2

order assessing penalties until the Board issues a final opinion

and order in this mattbr.

At this tine the Board makes no

determination regarding the liability of the Larson Foundation.

The Board notes,

as it has previously held,

respondents are

jointly and severally liable for any violation.

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

________

day of

,

1996,

by a vote of

7-c.

~

~

Dorothy M./~unn, Cl’erk

Illinois &llution Control Board