ILLINOIS POLLUTION CONTROL BOARD
    November 6, 2003
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    DOREN POLAND, LLOYD YOHO, and
    BRIGGS INDUSTRIES, INC. a/k/a BRIGGS
    PLUMBING PRODUCTS, INC.,
    Respondents.
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    PCB 98-148
    (Enforcement -Land
    _______________________________________
    BRIGGS INDUSTRIES, INC.,
    Third-Party Complainant,
    v.
    LOREN WEST and ABINGDON SALVAGE
    COMPANY, INC.,
    Respondents.
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    PCB 98-148
    (Citizens Enforcement - Land)
    (Third-Party Complaint)
    OPINION AND ORDER OF THE BOARD (by T.E. Johnson):
    This matter is before the Board on a motion for relief from an August 7, 2003 Board
    order filed by Briggs Industries, Inc., a/k/a Briggs Plumbing Products, Inc. (Briggs) on
    September 29, 2003. The motion was filed pursuant to Section 101.904(a) of the Board’s
    procedural regulations. 35 Ill. Adm. Code 101.904(a). The August 7, 2003 order concerns a
    three-count complaint filed by the Illinois Attorney General, on behalf of the People of the State
    of Illinois (complainant), and at the request of the Illinois Environmental Protection Agency
    (Agency), against Doren
    Poland (Poland), Lloyd Yoho (Yoho), and Briggs. The complaint
    alleges various violations of the Environmental Protection Act (Act) (415 ILCS 5/1
    et seq.
    (2002)) and Board regulations related to respondents' operation of a permitted landfill (old
    landfill) and an unpermitted site (new landfill), both of which are located in Knox County,
    Illinois.
    2
    On August 7, 2003, the Board imposed a civil penalty of $5,000 on Poland, Yoho and
    Briggs, but awarded no attorney’s fees to the complainant.
    See
    Poland, PCB 98-148 (Aug. 7,
    2003) slip op. at 14.
    1
    The respondents were held jointly liable for the required remediation.
    Id
    .
    In its motion, Briggs asserts that the August 7, 2003 order was not served on the
    respondents or on Briggs’ counsel. Mot. at 1. Briggs argues that the respondents were
    prejudiced by not having been served with the August 7, 2003 order because the penalty due date
    passed before their receipt of the order. Mot. at 2. Briggs requests that the order be modified to
    extend the time for payment of penalties.
    Id
    . The complainant has filed no response to this
    motion.
    Section 101.904(a) of the Board’s rules allows the Board to correct errors in orders or
    other parts of the record and errors therein arising from oversight or omission upon the Board’s
    motion or the motion of any party. 35 Ill. Adm. Code 101.904(a). Briggs asserts that the
    respondents did not receive service of the Board’s August 7, 2003 order. While not necessarily
    the result of a Board error or omission, this lack of receipt of the Board’s August 7, 2003 order
    resulted in prejudice to the respondents.
    As noted, the complainant did not respond to the motion. If a party files no response to a
    motion within 14 days the party will be deemed to have waived objection to the granting of the
    motion.
    See
    35 Ill. Adm. Code 101.500(d).
    The Board grants Briggs’ motion as follows: the August 7, 2003 order is modified to
    provide that all penalties must be paid on or before November 13, 2003 – seven days from the
    date of this order. As the respondents have all received notice of the August 7, 2003 order, this
    should allow sufficient time to pay the penalty.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above opinion and order on November 6, 2003, by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
    1
    The Board had previously found Poland, Yoho and Briggs in violation of Sections 21(a), (d),
    (e), and (p)(1) of the Act (415 ILCS 5/21(a),(d),(e),(p)(1) (2002)) and 35 Ill. Adm. Code
    807.201, 807.202(a), and 812.101, and had remanded the matter for further hearings and the
    appropriate technical relief, penalty and attorney fees.
    See
    Poland, PCB 98-148 slip op. at 15
    (Sept. 6, 2001).

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