ILLINOIS POLLUTION CONTROL BOARD
November 6, 1997
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
JOHN PRIOR AND INDUSTRIAL
SALVAGE, INC.,
Respondents.
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PCB 97-111
(Enforcement - Water)
ORDER OF THE BOARD (by G.T. Girard):
This matter is before the Board on the December 20, 1996, complaint of the Attorney
General, filed on behalf of the People of the State of Illinois (complainant) and at the request
of the Illinois Environmental Protection Agency (Agency). The complaint alleges that John
Prior and Industrial Salvage, Inc. (collectively referred to as respondents), as owners and
operators of three landfills in Marion County, have violated Sections 12(a), 21(d)(1), (d)(2),
and (o)(11) of the Illinois Environmental Protection Act (415 ILCS 5/12(a), 21(d)(1), (d)(2),
(o)(11) (1996)) and Sections 620.115, 620.301, 620.302(c), 620.405, 620.410, 807.313, and
807.315 of the Board’s groundwater quality standards. 35 Ill. Adm. Code 620.115, 620.301,
620.302(c), 620.405, 620.410, 807.313, 807.315. Complainant asks the Board to impose
civil penalties and attorney fees. The three landfills that are the subject of this enforcement
action are located on three adjacent properties near Centralia, and are known as the
Centralia/Prior site, the Prior/Blackwell site, and the Industrial Salvage site.
Complainant’s brief was filed on June 13, 1997. Respondents’ response brief was filed
on July 7, 1997. Complainant’s reply brief was filed on July 9, 1997. In its reply brief,
complainant provided an affidavit of Thomas Davis, outlining the attorney fees expended in
prosecution of this matter. In his affidavit, Mr. Davis attests that he spent 21 hours
prosecuting this case at an hourly rate of $120. Mr. Davis, therefore, asks for $2,520 in
attorney fees.
As the original briefing schedule in this case apparently did not contemplate inclusion
of the attorney fees affidavit in complainant’s reply brief, the Board hereby provides
respondents with seven (7) days from the date of this order to respond to complainant’s request
for attorney fees. Respondents’ response to complainant’s request for attorney fees is due on
or before November 13, 1997.
IT IS SO ORDERED.
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Board Member K.M. Hennessey abstained.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above order was adopted on the 6th day of November 1997, by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board