ILLINOIS POLLUTION CONTROL BOARD
April 19, 2001
SANGAMON COUNTY,
Complainant,
v.
EVERETT DAILY,
Respondent.
)
)
)
)
)
)
)
)
)
)
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.
2
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