ILLINOIS POLLUTION CONTROL BOARD
March 15, 2007
COUNTY OF JACKSON,
Complainant,
v.
GARY EASTON,
Respondent.
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AC 07-35
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
On February 5, 2007, the County of Jackson (County) timely filed an administrative
citation against Gary Easton (Easton).
See
415 ILCS 5/31.1(c) (2004); 35 Ill. Adm. Code
108.202(c). The administrative citation concerns a site commonly known to the Illinois
Environmental Protection Agency (Agency) as “Murphysboro/Gary Easton (2),” designated with
Site Code No. 0778140035, and located in Jackson County. For the reasons below, the Board
finds that Easton violated the Environmental Protection Act (Act) (415 ILCS 5 (2004)) and
orders him 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 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) (2004); 35 Ill.
Adm. Code 108.
In this case, the County alleges that Easton violated Section 21(p)(1) of the Act (415
ILCS 5/21(p)(1) (2004)) by causing or allowing the open dumping of waste in a manner resulting
in litter. The Agency asks the Board to impose a $3,000 civil penalty on Easton. As required,
the County served the administrative citation on Easton within “60 days after the date of the
observed violation.” 415 ILCS 5/31.1(b) (2004);
see also
35 Ill. Adm. Code 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 a respondent fails to do
so, the Board must find that the respondent committed the violation alleged and impose the
corresponding civil penalty.
See
415 ILCS 31.1(d)(1) (2004); 35 Ill. Adm. Code 108.204(b),
108.406. Here, any petition for review was due on March 5, 2007. Easton failed to timely file a
petition. Accordingly, the Board finds that Easton violated Section 21(p)(1) 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
second or subsequent adjudicated violation of that provision.
See
415 ILCS 5/42(b)(4-5) (2004);
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35 Ill. Adm. Code 108.500(a). Because the Board has previously found Easton in violation of
Section 21(p)(1) (
see
County of Jackson v. Gary Easton, AC 04-42 (Mar. 18, 2004)), the total
civil penalty today 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 finding of fact and conclusions of law.
ORDER
1.
Easton must pay a civil penalty of $3,000 no later than April 16, 2007, which is
the first business day following the 30th day after the date of this order.
2.
Easton must pay the civil penalty by certified check or money order, made
payable to the Jackson County Treasurer Office. The case number, case name,
and Easton’s social security number or federal employer identification number
must be included on the certified check or money order.
3.
Easton must send the certified check or money order and the remittance form to:
Shirley Dillinger Booker
Jackson County Treasurer
Jackson County Courthouse
Murphysboro, Illinois, 62966
4.
Penalties unpaid within the time prescribed will accrue interest under Section
42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2004)) at the rate
set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
(2004)).
5.
Payment of this penalty does not prevent future prosecution if the violation
continues.
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) (2004);
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.
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above opinion and order on March 15, 2007, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
