ILLINOIS POLLUTION CONTROL BOARD
August 7, 2008
COUNTY OF JACKSON,
Complainant,
v.
LESTER JOHNSON and
ARTHUR CROSS,
Respondents.
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AC 09-4
(Site Code: 0778145021)
(Administrative Citation)
ORDER OF THE BOARD (by G.T. Girard):
On July 16, 2008, the County of Jackson (County) timely filed an administrative citation
against Lester Johnson and Arthur Cross (collectively respondents).
See
415 ILCS 5/31.1(c)
(2006); 35 Ill. Adm. Code 101.300(b), 108.202(c). The administrative citation concerns a
facility located in Jackson County, designated with Site Code No. 0778145021, and commonly
known to the Illinois Environmental Protection Agency (Agency) as “Murphysboro/Lester
Johnson” site. For the reasons below, the Board accepts as timely filed respondents’ petition to
contest the administrative citation, but directs the respondents to file an amended petition to cure
the deficiencies identified below or face dismissal of the appeal.
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 County alleges that respondents violated Sections 21(p)(1), (p)(3), (p)(4)
and (p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(3), (p)(4), (p)(7) (2006)) on June 5, 2008, by
causing or allowing litter, open burning, the deposition of waste in standing or flowing waters,
and the deposition of general or clean construction or demolition debris at the Jackson County
facility. The County asks the Board to impose a $6,000 civil penalty on the respondents for the
alleged violations.
As required, the County served the administrative citation on respondents 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). Specifically, the County submitted proof that both respondents
had received personal service of the administrative citation on July 10, 2008. Any petition to
contest the administrative citation was due within 35 days after the date of service,
i.e.,
by
August 14, 2008.
See
415 ILCS 5/31.1(d)(1) (2006); 35 Ill. Adm. Code 108.204(b).
2
Respondents filed a request for hearing with the Board on August 4, 2008. The Board
accordingly accepts respondents’ petition as timely filed.
The Board finds, however, that the respondents’ petition reflects deficiencies that must be
remedied before this case can go forward. Specifically, the petition provides no grounds for
contesting the administrative citation. The Board’s content regulations require that a petition
must set forth the reasons why the respondent believes the citation was improperly issued.
See
35 Ill. Adm. Code 108.206.
The Board therefore directs the respondents to file an amended petition stating the
grounds on which they contest the administrative citation.
See, e.g.,
County of Jackson v. Dan
Kimmel, AC 06-21 (Feb. 16, 2006) (accepting as timely filed a petition that failed to include
grounds for appeal but requiring an amended petition to cure the deficiency). If the respondents
fail to file an amended petition by September 8, 2008
,
which is the first business day following
the 30th day after the date of this order, respondents’ petition will be dismissed and a default
order will be entered against them, imposing the $6,000 civil penalty.
See
IEPA v. Ray Logsdon
Estate, AC 05-54 (Apr. 21, 2005) (finding respondent defaulted by not filing amended petition as
directed to cure deficiency in original petition).
If the respondents file an amended petition pursuant to this order and do not prevail on
the merits of the case, respondents will have to pay not only the $6,000 civil penalty but also any
hearing costs of the Board and the County.
See
415 ILCS 5/42(b)(4-5) (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.
IT IS SO ORDERED.
I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
Board adopted the above order on August 7, 2008, by a vote of 4-0.
___________________________________
John Therriault, Assistant Clerk
Illinois Pollution Control Board