ILLINOIS POLLUTION CONTROL BOARD
    April 19, 2001
    SANGAMON COUNTY,
    Complainant,
    v.
    EVERETT DAILY,
    Respondent.
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    AC 01-16
    (SCDPH 00-AC-1)
    AC 01-17
    (SCDPH 00-AC-2)
    (Administrative Citation)
    (Consolidated)
    ORDER OF THE BOARD (by C.A. Manning):
    On November 16, 2000, pursuant to Section 31.1(b) of the Environmental Protection
    Act (Act) (415 ILCS 5/31.1(b) (1998)), the County of Sangamon issued the above-captioned
    administrative citations to Everett Daily (Daily). The administrative citations allege that the
    respondent caused or allowed the open dumping of waste and construction or demolition
    debris. These activities were in alleged violation of Sections 21(p)(1) and (p)(7) of the Act
    (415 ILCS 5/21(p)(1), (p)(7) (1998), as amended by Pub. Act 91-72, eff. July 9, 1999). The
    alleged violations occurred at 341 North Park, Rochester, Sangamon County, Illinois.
    On December 18, 2000, Daily filed petitions for review of the administrative citations
    pursuant to Section 31.1(d). 415 ILCS 5/31.1(d) (1998). The Board accepted these matters for
    hearing on December 21, 2000, and
    directed that these matters proceed to hearing as
    expeditiously as practicable. On March 1, 2001, the Board consolidated these administrative
    citations.
    On March 21, 2001, Daily filed a motion for judgment on the pleadings, which was
    mailed on March 16, 2001. The County of Sangamon did not file a response.
    The Board denies Daily’s motion for judgment on the pleadings. Daily is free to
    present evidence at hearing to reassert and support the claims its motion raises.
    IT IS SO ORDERED.

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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 19th day of April 2001 by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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