ILLINOIS ENVIRONMENTAL PROTECTION AGENCY v. MARSHALL PEKARSKY
Following Second District Appellate Court reversal of the Board's February 7, 2002 order (IEPA v. Marshall Pekarsky and IPCB, 2-02-0281, April 18, 2003), this matter was remanded to the Board. The Board found that this Winnebago County respondent violated Section 21(p)(1) of the Act (415 ILCS 5/21(p)(1) (2002)) and ordered respondent to pay a civil penalty of $1,500.
June 5, 2003ILLINOIS ENVIRONMENTALPROTECTION AGENCY,Complainant,v.
MARSHALL PEKARSKY,
Respondent.
Id.
On November 22, 2000, the Illinois
Environmental Protection Agency (Agency) issued an administrative citation warning notice thatstated Pekarsky could be subject to substantial civil penalties if he failed to comply with theterms of the warning notice and stated that Pekarsky had until February 20, 2001 to clean up thesite.
The Appellate Court found that the Board erred in
applying estoppel because the record does not contain evidence that Pekarsky detrimentallyrelied upon the administrative citation warning notice.
This opinion const...
Allowed
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