ILLINOIS POLLUTION CONTROL BOARD

April~24,~

1975

ENVIRONMENTAL PROTECTION AGENCY

P~ND

REVEREND

LOUIS HEMMERICH, ET AL,

Complainant,

v.

)

PCB 71—4

71—33

72—85

LLOYD A. FRY ROOFING

COMP2½NY,

Respondent.

ORDER OF THE BOARD

(by Mr. Dumelle):

Respondent Lloyd A. F~yRoofing Company’s motion for

a hearing with respect to the Board’s redetermination of

penalty is denied.

The Illinois Appellate Court’s decision

to remand this cause for redetermination of an appropriate

penalty did not indicate that an additional hearing was

necessary.

The Court did not,

as did the Illinois Supreme

Court in ~y~tic Tape v. Pollution Control Board, order such

redetermination after additional hearings at the option of the

parties.

The apportionment of the penalty ordered by the

Court does not require additional evidence and a new hearing

would only serve to relitigate the original cause of action.

IT IS SO

ORDERED.

I, Christan L, Moffett, Clerk of the Illinois Pollution Control

Board, hereby certify the above Order was adopted on the

,~)41i

day

of April,

1975 by a vote of

4_p

Illinois Pollution