ILLINOIS POLLUTION CONTROL BOARD

March 25,

1993

SANGANON

COUNTY,

Complainant,

92—78

Docket

)

(Administrative

Citation)

(SCDPH

92—AC—17)

)

PHILIP PENNINGTON,

)

Respondent.

ROBERT SMITH APPEARED ON BEHALF OF COMPLAINANT.

OPINION

AND

ORDER OF THE BOARD

 (by R.C. Flemal):

This matter is before the Board on a letter filed by

respondent on February 16,

 1993.

 The letter informs the Board

that respondent missed the hearing scheduled for and held on

February 8,

 1993, and asks the Board to grant respondent another

hearing in order for him to plead his case.

 (Letter at 1.)

On

February 25,

1993

 the Board construed this letter as a motion to

reschedule the hearing date.

 Also on February 25 the Board noted

informational deficiencies and allowed for additional information

to be filed by respondent and responses to be filed by

complainant and the hearing officer.

 Such information was

further ordered to be served on the parties and supported by

affidavit.

On March 11,

 1993 the Board received from the hearing

officer a facsimile of a letter sent to the hearing officer by

respondent.

 On March 15,

 1993 respondent filed this letter with

the Board,

 but has not supplied affidavits

 in support of the

information given thus far, and has not indicated service on the

parties and hearing officer.

The Board received the hearing officer’s statement on March

8,

 1993.

 On March 18,

 1993 complainant filed its response to the

motion to reschedule the hearing, with affidavits1.

The

response and hearing officer’s statement indicate, among other

things:

 that respondent failed to appear at hearing, that

complainant attempted to contact respondent, that the hearing

officer adjourned the hearing at approximately 1:20 p.m., that

1

The complainant’s filing also does not include any proof

of service on the respondent or hearing officer.

~O-O283

2

also at 1:20 p.m. complainant spoke with James Henricks2 and

informed him that “his secretary had forgotten to inform him of

the hearing date”

 (Response at 4), that by the time Mr. Henricks

arrived at the hearing location, the hearing had adjourned,

and

that respondent did not arrive at the hearing location until

approximately 30 minutes after the hearing had adjourned.

(Hearing Officer’s Statement; Response at 1-4).

 At hearing,

complainant moved that a default judgment issue against

respondent for failure to appear.

 (Tr. at 3).

The Board finds that respondent has failed to adequately

respond to the Board’s February 25 order.

 Failure to timely

file, with no service on the parties and accompanied by no

affidavit according to the Board’s procedural rules, makes this

filing inadequate.

 In addition, respondent was specifically

ordered to file affidavits in support of all his factual

allegations and failed to do so.

 Due to these deficits, the

Board denies respondent’s motion to reschedule the hearing.

In addition, even if the Board were to find respondent’s

allegations true,

 the Board further finds the reasons given are

inadequate to support grant of the motion to reschedule.

The motion to reschedule

 is denied.

 The Board proceeds to

the merits of this matter.

Sangamon County alleges that on October 21,

 1992 Philip

Pennington, present owner or operator of

 a facility located in

Sangamon County as an open dump,

 and commonly known to the Agency

as Springfield/Pennington, violated Section 21(q) (1)

 of the

Environmental Protection Act (415 ILCS 5/21(q)(l)

 (1992))~. The

statutory penalty for this violation is $500.00 pursuant to

Section 42(b) (4)

 of the Act.

The Board finds that although respondent filed a petition

for review, he failed to appear at hearing.

 The Board further

finds, pursuant to Section 31.1(d) (2), that respondent presented

no information to indicate that the violation occurred due to

 uncontrollable circumstances.

 Therefore, pursuant to Section

31.1(d) (2), the Board finds that Philip Pennington violated each

and every provision alleged in the Administrative Citation.

Since there

 is one such violation, the total penalty to be

imposed is set at $500.00.

2

Mr. Henricks states he is the Director of Environmental

Health for the Sangamon County Department of Public Health.

His

office is in the same building as the hearing location.

~ The Act was formerly codified at I1l.Rev.Stat.

 1991,

ch

111½,

 par. 1001 et seq.

01 ~O-O28~~

3

Respondent is also required to pay hearing costs incurred by

the Board and Sangamon County pursuant to Section 42(b) (4)

 of the

Act.

 The Clerk of the Board and Sangamon County will therefore

be ordered to file statements of costs, suported by affidavit,

with the Board and with service upon respondent.

This opinion constitutes the Board’s findings of fact and

conclusions of law in this matter.

ORDER

1.

 It is hereby ordered that within 30 days of the date of

this order, Philip Pennington shall,

 by certified check

or money order payable to the Sangamon County Public

Health Department, pay a penalty in the amount of

$500.00 which is to be sent to:

James

D.

 Stone

Director of Public Health

 Sangamon County Department of Public Health

200 South Ninth Street

Room 301

Springfield,

 Illinois 62701

2.

 Respondent shall include the remittance form and write

the case name and number and his social security or

federal employer identification number on the certified

check or money order.

3.

 Penalties unpaid after the date shall accrue interest

pursuant to Section 42(g)

 of the Environmental

Protection Act.

4.

 Docket A in this matter

 is hereby closed.

5.

 Within 30 days of this order,

 the Clerk of the

Pollution Control Board and complainant Sangamon County

shall file a statement of hearing costs, supported by

affidavit and with service upon the respondent Philip

Pennington.

 Such filings shall be entered in Docket B

of this matter.

6.

 Respondent is hereby given leave to file a

reply/objection to the filings as ordered in paragraph

5 of this order within 45 days of this order.

IT IS SO ORDERED.

Section 41 of the Environmental Protection Act,

 415 ILCS

5/41

 (1992), provides for appeal of final orders of the Board

within 35 days.

 The Rules of the Supreme Court of Illinois

establish filing requirements.

 (But see also 35 Ill. Adm. Code

01 L~Q-0285

101.246, Motions for Reconsideration,

 and Castenada v.

 Illinois

Human Rights Commission (1989),

 132 I11.2d 304, 547 N.E.2d 437;

Strube v.

 Illinois Pollution Control Board,

No.

 3—92—0468, slip

op.

 at 4—5

 (3d Dist. March 15,

 1993).)

I, Dorothy N. Gunn,

 Clerk of the Illinois Pollution Control

Board, hereby certify that the above opinion and order was

adopted on the

~

 day of _______________________,

 1993,

byavoteof

_______________

Control

Board

01 ~O-0286