ILLINOIS POLLUTION COt’...)
October 14,
19
‘
‘EOPLE u
ThE STATE OF ILLINOIS,
Complainant,
ROBER2 S. MARTIN, SR. and
LOIS MARTiN,
Respondents.
I
S
•1
)
36
Mr.
Jc”tn Van Vranken, Assistant Att
for ro’npiainant
Mr. Cra~jA.
Randle, Londrigan & p
Respondent
opE;IOr
AND
ORDER
OF
THE
BOARD
(by
:‘I-is matter comes before the
5~pril19, 1976 by the People of
t~t
that ‘~espondentscaused or allowed
on t’teir
rcverty in violation of
I
1ati
15
~i.
‘~cLson9(c) of the
IC
learinç,
Wib
hold in this matter
oi
the
-
s-ties
informed
the
Hearing
Of
visicris of a Stipulation of Parties
The Conplaint alleges and Rear
the o;ners of an 8.94 acre parcel
Cr
west 1/4 of the Southeast 1/4 of F
C’psnt
/.
(pfl
April
8,
1976, Hv~qx
I,
it it’
n
p
of
woixi
,
pPnsf
i
P
and
of
het
I
it
.11
i
I
tJJ
I
it
‘it,
Rt’241101111011
I
u
:;tul.m it
‘
pi
O~fl
r’
~
,
i
tic
1
utt Lug
Lhc
area
on
wh
becn
-
~ are being used by various
strdction companies in connection
Wi
spoid_rts also point out that the Cc”
on’y
nie
incident of open burning
~n
allc’,otic.n that Respondents have
er..’n
of illegal conduct.
The parties agree that a cease ard
enter
3d
an
that Respondents should
ste1~sto sce that open burning violas-
r.
propEtty
die to actions of third
purrs.
:~ttorney
for
~
ft
flled
is
charging
of refuse
.‘ic•
•\ir Requ-
t i
in
Act.
thic.h
tine
lE.”.a~it1ro—
-
‘ttlement.
t iat they are
‘
in the North-
u111
in Sanjanon
‘1 lt’wt’tl
I
he
~r~’I~
.;
fit
t)fbt’7
I
~‘
h’:;fn)il
.t’i’t
:
‘ut
it’d,
have
inc”ludin; con—
‘scruction.
Re-
nc’erned with
~vcrbeen any
i
inuous course
~r
should be
take reasonable
xcur on their
rUes
agree
that
24—41
Respondents’
property has social and economic value
to the
com-
munity
but that violations of the Act and applicable Rules and
Regulations
constitute
a
potential
for
injury
or
interference
with
the protection of
the
health, general welfare,
and.
property
in the community.
Finally, the parties agree
that
considerinq
the
nature of Respondents’
property, the uses to which the
property
has been put,
and Respondents’
financial condition,
a $150.00
monetary penalty is appropriate in this matter and is not more
than is necessary
to aid in the enforcement of the Act.
In consideration of the foregoing the Board
finds that Re-
spondents caused or allowed open burning on their property on
April
8,
1976.
The Board
finds the Stipulation of Parties and
Proposed Settlement acceptable and will assess a penalty of $150.00
for the violation found herein.
Finally, Respondents will be
ordered to cease and desist the violation and to take reasonable
steps to insure that such open burning violations do not occur
in the future.
This Opinion constitutes the Board’s findings of fact and
conclusions of law in this matter.
ORDER
1.
Respondents, Robert
S. Martin and Lois Rartin,
are
found to have caused or allowed open burning
in violation of
Rule 502(a)
of the Air Rules and Section 9(c)
of the Act and
shall be jointly and severally liable for the penalty of $150.03
assessed for this violation,
Penalty payment by certified check
or money order payable to the State of Illinois shall he made
within
35 days of the date of this Order to:
Fiscal Services
Division,
Illinois Environmental ProtycL~onAgency,
2200 Churchill
Road, Springfield,
Illinois,
62706.
2.
Respondents shall cease and desist all violations
found
herein.
E(’s)oII(Lnts
~lia
I
I
I ak~’
(~(5)r1~(bL’
()~
0
ssui~
open burn
ifl(.J
viola Lions
(10
nol occur
i a
a’
I u~ureduo
to act:ions
of third persons and shall submit withi
ii
~ days
oil
LEe date
of
this Order to the Office of the Attorney General and the Board
a
written report of the steps they will take to comply with this
provision.
IT IS
SO ORDERED.
I, Christan L.
Moffett,
Clerk of the Illinois Pollution
Control Board, here~ycertify the a~ov~Opinion and Order were
adopted o
the
J~$
day of
~
1976 by
a
vote of
___.
~ffl~r~
Christan
L. MoffetLij~lerk
Illinois Pollution ~~ntrol
Board
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42