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Wasteland, Inc. v. Illinois Pollution Control Bd.

Citation: 14 ELR 20341
No. No. 82-800, 456 N.E.2d 964/118 Ill. App. 3d 1041, (Ill. App. Ct., 11/21/1983)

The court affirms respondent's finding that petitioners' solid waste landfill violated its permit and the Illinois Environmental Protection Act (IEPA) and upholds respondent's imposition of penalties. The court first rules that the hearing officer did not commit reversible error by limiting petitioners' opportunity for cross-examination of one witness. The court next rules that most of the violations found by the Board were supported by the manifest weight of the evidence. The record provides ample support for findings of violations of petitioners' solid waste disposal permit and the IEPA, except that there was no evidence of intentional action in support of an alleged open burning violation. Finally, the court rules that the $75,000 penalty imposed by the Board is supported by the record. The penalty, based on the economic benefit derived from petitioners' violations, is within the statutory maximum, serves the legislative purpose of deterring violations of the IEPA, and is supported by evidence in the record.

Counsel for Petitioners
Brian J. O'Hara
Arnold & Kadjan
19 W. Jackson Blvd., Chicago IL 60604
(312) 236-0415

Counsel for Respondent
Gerhardt Braeckel, Ass't Attorney General
Illinois Pollution Control Bd., 309 W. Washington St., Chicago IL 60606
(312) 793-3620

STOUDER, P.J., and BARRY, J., concur.