ILLINOIS POLLUTION CONTROL BOARD
December 6, 2007
COUNTY OF VERMILION, ILLINOIS,
Complainant,
v.
CONNIE YOUNT,
Respondent.
)
)
)
)
)
)
)
)
)
AC 08-7
(County File No. 07-02)
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
On October 19, 2007, the County of Vermilion (County) timely filed an administrative
citation against Connie Yount (Yount).
See
415 ILCS 5/31.1(c) (2006). The administrative
citation concerns Yount’s property located at 546 Highland Park Road, Danville, Vermilion
County, which is designated with Site Code No. 1838045028. For the reasons below, the Board
finds that Yount violated the Environmental Protection Act (Act) (415 ILCS 5 (2006)) and orders
Yount to pay $3,000 in civil penalties.
Under the Act, an administrative citation is an expedited enforcement action brought
before the Board seeking civil penalties that are fixed by statute. Administrative citations may
be filed only by the Illinois Environmental Protection Agency (Agency) or, if the Agency has
delegated the authority, by a unit of local government, and only for limited types of alleged
violations at sanitary landfills or unpermitted open dumps.
See
415 ILCS 5/3.305, 3.445, 21(o),
(p), 31.1(c), 42(b)(4), (4-5) (2006); 35 Ill. Adm. Code 108.
In this case, the County alleges that Yount violated Sections 21(p)(1) and (3) of the Act
(415 ILCS 5/21(p)(1), (3) (2006)) by causing or allowing the open dumping of waste in a manner
resulting in litter and open burning. The County asks the Board to impose a $3,000 civil penalty
on Yount. As required, the County served the administrative citation on Yount within “60 days
after the date of the observed violation.” 415 ILCS 5/31.1(b) (2006);
see also
35 Ill. Adm. Code
101.300(c), 108.202(b).
To contest an administrative citation, a respondent must file a petition with the Board no
later than 35 days after being served with the administrative citation. If the respondent fails to do
so, the Board must find that the respondent committed the violations alleged and impose the
corresponding civil penalty.
See
415 ILCS 31.1(d)(1) (2006); 35 Ill. Adm. Code 101.300(b),
108.204(b), 108.406. Here, any petition for review was due on November 13, 2007. Yount
failed to timely file a petition. Accordingly, the Board finds that Yount violated Sections
21(p)(1) and (3) of the Act.
The civil penalty for violating any provision of subsection (p) of Section 21 is $1,500 for
each violation, except that the penalty amount is $3,000 for each violation that is the person’s
2
second or subsequent adjudicated violation of that provision.
See
415 ILCS 5/42(b)(4-5) (2006);
35 Ill. Adm. Code 108.500(a). Because there are two violations of Section 21(p) and no
allegation that these are second or subsequent adjudicated violations, the total civil penalty is
$3,000. Under Section 31.1(d)(1) of the Act, the Board attaches the administrative citation and
makes it part of the order below.
This opinion constitutes the Board’s findingsof fact and conclusions of law.
ORDER
1.
The Board finds that Yount violated Sections 21(p)(1) and (3) of the Act.
2.
Yount must pay a civil penalty of $3,000 no later than January 7, 2008, which is
the first business day following the 30th day after the date of this order. Yount
must pay the civil penalty by certified check, made payable to the County of
Vermilion, Illinois. The case number, case name, and Yount’s social security
number or federal employer identification number must be included on the
certified check.
3.
Respondent must send the certified check and remittance form to:
Vermilion County Health Department
200 S. College Street
Danville, Illinois 61832
4.
Penalties unpaid within the time prescribed will accrue interest under Section
42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2006)) at the rate
set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
(2006)).
5.
Payment of this penalty does not prevent future prosecution if the violations
continue.
IT IS SO ORDERED.
Section 41(a) of the Environmental Protection Act provides that final Board orders may
be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
order. 415 ILCS 5/41(a) (2006);
see also
35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.
Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois
Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The
Board’s procedural rules provide that motions for the Board to reconsider or modify its final
orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code
101.520;
see also
35 Ill. Adm. Code 101.902, 102.700, 102.702.
3
I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
Board adopted the above opinion and order on December 6, 2007, by a vote of 4-0.
___________________________________
John Therriault, Assistant Clerk
Illinois Pollution Control Board
