ILLINOIS POLLUTION CONTROL
BOARD
February
25,
1993
SANGANON
COUNTY,
)
)
Complainant,
)
AC 92—78
v.
)
(Administrative Citation)
)
PHILIP PENNINGTON,
)
)
Respondent.
ORDER OF THE BOARD
(by R.C. Flemal):
This matter is before the Board on a letter filed by the
respondent on February 16,
1993.
The letter informs the Board
that respondent missed the hearing scheduled for February 8,
1993,
and asks the Board to grant respondent another hearing in
order for him to plead his case.
(Letter at 1.)
The Board will
construe this letter as a motion to reschedule the hearing date
in this case.
The Board will not make a ruling on the motion at
this time,
but wishes to inform the parties of its decision to
construe the letter as a motion, and in order to allow time for
response.
Respondent’s letter contains some explanation of facts
surrounding his missing the scheduled hearing.
However, the
Board notes that respondent’s letter lacks facts necessary to
make a determination on the motion.
Therefore,
the Board
requests that respondent supply more information to the Board.
Specifically, the Board would like to know who respondent talked
with by telephone at 1:15 P.M. on the day of the hearing and who
informed respondent that the hearing had adjourned.
This
information must be filed with the Board,
and be served upon the
hearing officer and complainant on or before March 11,
1993.
(See 35
Ill.
Admn. Code.Subpart
C,
101.102 and 101.103 for
service, filing, and form of document requirements).
Also,
any
information in the February
16,
1993 letter and any additional
facts submitted by any parties must be supported by affidavit.
(See,
35
Ill.
Adin.
Code 101.242).
The Board also reminds the parties that Section 101.241(b)
of the Board’s procedural rules allows for a response to be filed
within seven days after the service of
a motion.
(35 111. Adm.
Code 101.241.)
The Board will allow responses to the letter and
any additional information to be filed
by March 18,
1993.
Additionally, in order to more fully understand what transpired
at the February 8,
1993 hearing, the Board asks that the hearing
0139-0659
2
officer file a response to respondent’s letter and any additional
information, also to be filed by March 18,
1993.
The Board reminds respondent that Section 42(b) (4)
of the
Environmental Protection Act (415 ICLS 5/42(b) (4)
(1992).)
(Act)1 provides that any person found to have violated any
provision of subsection
(p)
or
(q)
of Section 21 of the Act shall
not only pay a penalty of $500.00 for each violation but also,
shall pay all hearing costs.
IT IS SO ORDERED.
Board Member J. Theodore Meyer dissented.
I, Dorothy M.
Gunn,
Clerk of the Illinois Pollution Control
Board,
hereby certify that the above order was adopted on the
~
day of
_____________________,
1993,
by a vote of
Dorothy N.
q~1~n,Clerk
Illinois PolJ.&ition Control Board
1
The Act was previously codified at Ill.Rev.Stat 1991,
ch.
111 1/2 par. 1001 et seq.
0139-0660