ILLINOIS POLLUTION CONTROL BOARD
August 23, 2007
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
LANDFILL 33 LTD., WENDT FAMILY
TRUST, RICHARD DEIBEL, and BRIAN
HAYES,
Respondents.
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AC 07-72
(IEPA No. 171-07-AC)
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
On June 29, 2007, the Illinois Environmental Protection Agency (Agency) timely filed an
administrative citation against Landfill 33 Ltd., Wendt Family Trust, Richard Deibel, and Brian
Hayes (respondents).
See
415 ILCS 5/31.1(c) (2006); 35 Ill. Adm. Code 108.202(c). The
administrative citation concerns a site commonly known as Effingham/Landfill 33 Ltd, with Site
Code No. 0498100007, located at 1713 South Willow Street, Effingham, Effingham County. For
the reasons below, the Board finds that respondents violated the Environmental Protection Act
(Act) (415 ILCS 5 (2006)) and orders respondents to pay $1000 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) (2006); 35 Ill.
Adm. Code 108.
In this case, the Agency alleges that respondents violated Sections 21(o)(5) and (o)(12) of
the Act (415 ILCS 5/21(o)(5) and (o)(12) (2006)) by conducting a sanitary landfill operation in a
manner resulting in (1) uncovered refuse remaining from any previous operating day or at the
conclusion of any operating day; and (2) a failure to collect and contain litter from the site by the
end of each operating day. The Agency asks the Board to impose a $1000 civil penalty on
respondents. As required, the Agency 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 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 respondents committed the violation alleged and impose the
corresponding civil penalty.
See
415 ILCS 31.1(d)(1) (2006); 35 Ill. Adm. Code 108.204(b),
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108.406. Here, any petition for review was due on August 9, 2007. Respondents failed to timely
file a petition. Accordingly, the Board finds that respondents violated Sections 21(o)(5) and
(o)(12) of the Act (415 ILCS 5/21(o)(5), (o)(12) (2006)).
The civil penalty for violating any provision of subsection (o) of Section 21 is $500 for
each violation.
See
415 ILCS 5/42(b)(4) (2006); 35 Ill. Adm. Code 108.500(a). Because there
are two violations, the total civil penalty is $1000. 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.
Respondents must pay a civil penalty of $1000 no later than September 22, 2007,
which is the first business day following the 30th day after the date of this order.
2.
Respondents must pay the civil penalty by certified check or money order, made
payable to the Illinois Environmental Protection Trust Fund.
3.
Respondents must send the certified check or money order and the remittance
form to:
Fiscal Services
Illinois Environmental Protection Agency
1021 N. Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
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.
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IT IS SO ORDERED.
I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
the Board adopted the above opinion and order on August 23, 2007, by a vote of 4-0.
___________________________________
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
