ILLINOIS POLLUTION CONTROL BOARD
December 20, 2007
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCYY,
Complainant,
v.
GENE and ELENA GREENWOOD,
Respondents.
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AC 08-9
(IEPA No. 319-AC-07)
(Administrative Citation)
ORDER OF THE BOARD (by N.J. Melas):
On October 23, 2007, the Illinois Environmental Protection Agency (Agency) timely
filed an administrative citation against Gene and Elena Greenwood (the Greenwoods).
See
415
ILCS 5/31.1(c) (2006); 35 Ill. Adm. Code 108.202(c). The administrative citation concerns the
Greenwoods’ property in Goreville, Williamson County, commonly known to the Agency as
Goreville/Gen Cycle Services and designated with Site Code 1998605006. For the reasons
below, the Board accepts the Greenwoods’ petition to contest the administrative citation.
Under the Environmental Protection Act (Act) (415 ILCS 5 (2006)), 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 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 Agency alleges that the Greenwoods violated Sections 21(p)(1), (p)(3),
and (p)(7) of the Act, 415 ILCS 5/21(p)(1), (p)(3), and (p)(7) (2006), at the Greenwoods’
Williamson County site. The Agency asks the Board to impose a $4,500 civil penalty on the
Greenwoods.
As required, the Agency served the administrative citation on the Greenwoods 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). Any petition to contest the administrative citation was due by
November 26, 2007. On November 13, 2007, the Greenwoods timely filed a petition to contest
the administrative citation.
See
415 ILCS 5/31.1(d) (2006); 35 Ill. Adm. Code 101.300(b),
108.204(b). The Greenwoods allege that they did not cause or allow open dumping, and that the
other violations were due to ignorance and lack of funds, also stating that they cannot afford to
both perform a proper clean-up and also pay the requested fine.
See
35 Ill. Adm. Code 108.206.
The Board accepts the petition and directs the hearing officer to proceed expeditiously to
hearing. The hearing officer will give the parties at least 21 days written notice of the hearing.
2
See
35 Ill. Adm. Code 108.300; 415 ILCS 5/31.1(d)(2) (2006). By contesting the administrative
citation, the Greenwoods may have to pay the hearing costs of the Board and the Agency.
See
415 ILCS 5/42(b)(4) (2006); 35 Ill. Adm. Code 108.500. A schedule of the Board’s hearing
costs is available from the Clerk of the Board and on the Board’s Web site at
www.ipcb.state.il.us.
See
35 Ill. Adm. Code 108.504.
The Greenwoods may withdraw their petition to contest the administrative citation at any
time before the Board enters its final decision. If the Greenwoods choose to withdraw their
petition, they must do so in writing, unless they do so orally at hearing.
See
35 Ill. Adm. Code
108.208. If the Greenwoods withdraw their petition after the hearing starts, the Board will
require them to pay the hearing costs of the Board and the Agency.
See
35 Ill. Adm. Code
108.500(c).
The Greenwoods have the burden of proof at hearing.
See
415 ILCS 5/31.1(d)(2) (2006);
35 Ill. Adm. Code 108.400. If the Board finds that the Greenwoods violated any or all of the
provisions of the Act as alleged, the Board will impose civil penalties on the Greenwoods. 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 second
or subsequent adjudicated violation of that provision.
See
415 ILCS 5/42(b)(4) (2006); 35 Ill.
Adm. Code 108.500(a). However, if the Board finds that the Greenwoods have “shown that the
violation resulted from uncontrollable circumstances, the Board shall adopt a final order which
makes no finding of violation and which imposes no penalty.” 415 ILCS 5/31.1(d)(2) (2006);
see also
35 Ill. Adm. Code 108.500(b).
1
IT IS SO ORDERED.
I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
Board adopted the above order on December 20, 2007, by a vote of 4-0.
___________________________________
John Therriault, Assistant Clerk
Illinois Pollution Control Board
1
In other words, if the Board were to find the Greenwoods violated any provision of the Act as
alleged, the Act does not give the Board the option to order
either
a cleanup
or
payment of the
fine, as the Greenwoods suggest. Any finding of violation would require the Greenwoods to pay
the statutory penalty of $1,500 per violation, and payment of the penalty would not prevent
future prosecution if the violation continues.