ILLINOIS
POLLUTION
CONTROL
BOARD
January
24,
1D72
ENVIRONMENTAL
PROTECTION
AGENCY
v.
)
#71-53
CHARLES
U.
RHODES
Opinion
and
Order
of the
Board
on
Motion
for
Modification(by
Mr.
Currie):
Our
order
of September
16,
1971
imposed
a
penalty
of
$1500
for
violations
of
the
landfill
rules.
Hhodes
asks
us
to reduce
the
penalty
to
$500
on the
basis
of
the
nature
of the
violation
(the
material
was
‘~toa large
part
masonryt~)
and
ôconomjc
hardship,
which
is
supported
by
an
affidavit
in the
same
ronclusory
language.
As
the
Agency
urges,
we
deny the
motion.
The
Board~s
initial
order
was
entered
on
the
basis
of a hearing
in
which
the
full
opportunity
was
given
for
evidence
on
all
issues,
including
the
nature
of
the
violation
and
the
financial
condition
of the
operator.
Only
in
the
most
unusual
cir-
cumstances
will
we
consider
retrying
issues
already
concluded,
for
to
do
otherwise
would
mean
we
would
never
be through
a case.
Our
reluctance
to
retry
this
case
is
compounded
by
the
lateness
of the
request,
which
was
made
nearly
two
months
after
entry
of
the
order.
Moreover,
there
is
no
allegation
of facts
to
support
the
conclusory
statement
that
the
penalty
would
impose
an
economic
hardship,
and
we
could
not grant
relief
in any
case
on
the
basis
of
a
mere
conclusion.
Finally,
we have
no
indication
that
even the
reduced
penalty
would
be
paid
promptly.
The motion
is hereby
denied.
I,
Christan
L.
Moffett,
Clerk
of the
Pollution
Control
Board
certify
that
the
Board
adopted
the
above
Opinion
and
Order
this
24th
day
of
January,
1972
by
a vote
of
3-0.
~
3—517