ILLINOIS POLLUTION CONTROL BOARD
    January 10,
    1991
    COUNTY OF JACKSON,
    )
    )
    Complainant,
    AC 89—258
    v.
    )
    Docket A
    & B
    )
    (Administrative Citation)
    DONALD TAYLOR,
    )
    )
    Respondent.
    ABSTENTION STATEMENT
    (by J.D. Dumelle):
    My reason for abstaining in the vote on this case was my
    concern that the Respondent,
    Donald Taylor, was not fully
    competent to defend himself.
    When Jackson County’s only witness finished his testimony at
    the February
    23,
    1990 hearing,
    Mr. Taylor asked no questions of
    him.
    (R.
    24)
    When Mr. Taylor was asked
    to testify in his own
    behalf he declined except to volunteer that he owned the property
    jointly with his brother.
    (R.
    25)
    On October
    16,
    1989 Mr.
    Taylor was
    sent a
    “compliance
    inquiry” letter by Mr. Bloom.
    We do not have the text of that
    letter.
    In many other cases these compliance inquiry letters
    combined with an administrative citation have confused the
    recipients.
    That may well have happend here.
    Note the apology
    by the State’s Attorney, W.
    Charles Grace,
    in his November
    16,
    1989 letter
    to Mr. Taylor.
    Because Mr. Taylor did not put on any defense
    it appears to
    me that he did not understand that this appeal could only result
    in additional costs being levied upon him.
    In many similar
    cases,
    IEPA has moved to vacate penalties when a non-landfill
    owner has cleaned up a site on which open dumping has occurred.
    I would urge Jackson County to do this once the site has been
    cleaned.
    ~Tacob D. Dumelle, P.E.
    /
    i-”
    LCDR-CEC-USNR (Ret)
    Board Member
    118—49
    IT IS SO ORDERED.
    I, Dorothy M.
    Gunn, Clerk of the Illinois Pollution Control
    Board hereby certify that the above Abstention Statement was
    submitted on the
    ____________
    day of
    .t.~tA..7
    ,
    1991.
    Dorothy M.1~unn,Clerk
    Illinois P~llutionControl Board
    118—50

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