ILLINOIS POLLUTION CONTROL BOARD

February

23,

1989

IN THE MATTER OF:

)

CITY OF SPRINGFIELD,

)

AC 89—3

Respondent.

CONCURRING OPINION (by M.

Nardulli):

In

this

matter,

the

Illinois

Environmental

Protection

Agency

(“Agency”)

alleges

that

the

City

of

Springfield

has

violated

Section

21(p)(l)

of

the

Act

by

allowing

“refuse

in standing or

running

water.”

In

support

of

this

allegation

the

field

inspector

filed

an affidavit in which

he stated

that he

inspected

the landfill on the specified date but fails

to elaborate on the

conditions that were

the basis for

the violation.

The City of Springfield 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.

Therefore, pursuant

to Section 3l.l(d)(l)

and consistent with

its practice

in

administrative citation matters,

the

Board

found that the City of

Springfield had violated

the provision and

imposed

a penalty of

$500.00.

Under Section 31.1(d) (1), the Board has little discretion

in

finding

a violation and imposing

the penalty if the party named

in the citation fails

to petition

for review.

Therefore,

I

concur

in

the Board’s action.

I

am,

however, disturbed by the

fact that the Agency has failed

to elaborate on the conditions

that resulted in

the violation.

Based on the

information

in the

citation and affidavit,

it

is impossible for the Board

to

determine the severity or avoidability of the violation.

Further, the

lack of specific information

is common

in

administrative citation cases.

I request that the Agency and its

iflSj~?C

~or~

supply

more

spec

i

fic

info ~

not

ion

in

the

ciLotions

and

affidavits

to allow the Board members

a better

understanding of

the matters on which they are voting.

I,

therefore, concur with the decision of the

Board.

~

Michael Nardulli,

Boar

Member

96—337

---

—2—

I, Dorothy

M. Gunn,

Clerk of the Illinois Pollution Control

Board, hereby certify that the above Concurring Opinion was

submitted on the

___________

1989.

Dorothy M./~(nn,Clerk,

Illinois Pbllution Control Board

96—338