ILLINOIS POLLUTION CONTROL BOARD

December 4, 2008

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Complainant,

v.

DARRELL KNOX,

Respondent.

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)

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)

)

)

)

)

)

)

AC 09-21

(IEPA No. 300-08-AC)

(Administrative Citation)

OPINION AND ORDER OF THE BOARD (by G.T. Girard):

On October 20, 2008, the Illinois Environmental Protection Agency (Agency) timely

filed an administrative citation against Darrell Knox (respondent).

See

415 ILCS 5/31.1(c)

(2006); 35 Ill. Adm. Code 108.202(c). The administrative citation concerns respondent’s facility

located at 2099 Baldwin Road in Jacksonville, Morgan County. The property is commonly

known to the Agency as the “Jacksonville/Knox” site and is designated with Site Code No.

1378075006. For the reasons below, the Board finds that respondent violated the Environmental

Protection Act (Act) (415 ILCS 5 (2006)) and orders respondent to pay $4,500 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 respondent violated Sections 21(p)(1), (p)(3), and

(p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(3), (p)(7) (2006)) on September 12, 2008, by causing

or allowing the open dumping of waste in a manner resulting in litter, open burning, and the

deposition of general or clean construction or demolition debris at the Jacksonville site. The

Agency asks the Board to impose on respondent the statutory civil penalty of $1,500 for each of

the three alleged violations, for a total of $4,500. As required, the Agency served the

administrative citation on respondent 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 by November 21, 2008. Respondent

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failed to timely file a petition. Accordingly, the Board finds that respondent violated Sections

21(p)(1), (p)(3), and (p)(7) 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) (2006);

35 Ill. Adm. Code 108.500(a). Because there are three violations and no allegation of any

second or subsequent adjudicated violation, the total civil penalty is $4,500. 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.

The Board finds that respondent violated Sections 21(p)(1), (p)(3), and (p)(7) of

the Environmental Protection Act (415 ILCS 5/21(p)(1), (p)(3), (p)(7) (2006)).

2.

Respondent must pay a civil penalty of $4,500 no later than January 5, 2009,

which is the first business day following the 30th day after the date of this order.

Respondent must pay the civil penalty by certified check or money order, made

payable to the Illinois Environmental Protection Trust Fund. The case number,

case name, and respondent’s social security number or federal employer

identification number must be included on the certified check or money order.

3.

Respondent must send the certified check or money order and the remittance form

to:

Illinois Environmental Protection Agency

Fiscal Services Division

1021 North 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

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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.

I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the

Board adopted the above opinion and order on December 4, 2008, by a vote of 5-0.

___________________________________

John Therriault, Assistant Clerk

Illinois Pollution Control Board

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BEFORE

THE

ILLINOIS

POLLUTION

CONTROL

BOARD

ADMINISTRATIVE

CITATION

ILLINOIS ENVIRONMENTAL

)

PROTECTION

AGENCY,

)

I2O2Oo8

Complainant,

)

AC

i

g(LLlNos

V.

)

(IEPA

No.

300-08-AC)

roI

80

)

DARRELL

KNOX,

)

)

Respondent.

JURISDICTION

This

Administrative

Citation

is

issued

pursuant

to

the

authority

vested

in the

Illinois

Environmental

Protection

Agency

by

Section

31.1

of

the Illinois

Environmental

Protection

Act,

415

ILCS

5/31.1

(2006).

FACTS

1.

That

Darrell

Knox

is the

current

owner

(“Respondent”)

of

a facility

located

at

2099

Baldwin

Road,

Jacksonville,

Morgan

County,

Illinois.

The

property

is

commonly

known

to the

Illinois

Environmental Protection

Agency

as Jacksonville/Knox.

2.

That

said

facility

is

an open

dump

operating

without

an

Illinois

Environmental

Protection

Agency

Operating

Permit

and

is

designated

with

Site

Code

No.

1378075006.

3.

That

Respondent

has

owned

said facility

at all

times

pertinent

hereto.

4.

That

on

September

12,

2008,

Mark

Weber

of

the Illinois

Environmental

Protection

Agency’s

(“Illinois

EPA”)

Springfield

Regional

Office

inspected

the

above-described

facility.

A

copy

of his

inspection report

setting

forth

the

results

of

said

inspection

is attached

hereto

and

made

a

part

hereof.

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5.

That on

/0

—/

, Illinois

EPA sent

this

Administrative

Citation

via

Certified

MailNo.

to

OOoI/S

‘/92

VIOLATIONS

Based

upon

direct

observations

made

by

Mark

Weber

during

the

course

of his

September

12, 2008

inspection

of the

above-named

facility,

the Illinois

Environmental

Protection

Agency

has

determined

that

Respondent

has violated

the

Illinois

Environmental

Protection

Act

(hereinafter,

the

“Act”)

as

follows:

(1)

That

Respondent

caused

or

allowed

the

open dumping

of waste

in

a

manner

insulting

in

litter,

a

violation

of

Section

21(p)(1)

of the

Act,

415

ILCS

5

/21(p)(1)

(2006).

(2)

That

Respondent

caused

or

allowed

the

open

dumping

of

waste

in a

manner

iesulting

in open

burning,

a

violation

of Section

21(p)(3)

of the

Act,

415

ILCS

5/21

4)(3)(2006).

(3)

That Respondent

caused

or allowed

the

open

dumping

of

waste

in a

manner

resulting

in Deposition

of

General

Construction

or

Demolition

Debris:

or

Clean

Construction

or

Demolition

Debris

a violation

of Section

21

(p)(7)

of

the Act,

415

ILCS

5/21(p)(7)

(2006).

2

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CIVIL

PENALTY

Pursuant

to

Section

42(b)(4-5)

of

the

Act,

415

ILCS

5142(b)(4-5) (2006),

Respondent

is

subject

to

a

civil

penalty of

One

Thousand

Five

Hundred

Dollars

($1,500.00)

for

each

of

the

violations

identified above,

for

a

total

of

Four

Thousand

Five

Hundred Dollars

($4,500.00).

If

Respondent

elects

not to

petition

the

Illinois

Pollution

Control

Board,

the

statutory

civil

penalty

specified

above

shall

be

due

and

payable

no

later

than

November

30,

2008,

unless

otherwise

provided

by

order

of the

Illinois

Pollution

Control

Board.

If

Respondent elects

to contest

this

Administrative

Citation

by

petitioning the

Illinois

Pollution

Control

Board

in

accordance

with

Section

31.1

of the

Act,

415

ILCS

5/31.1(2006),

and

if

the

Illinois

Pollution

Control

Board

issues

a

finding

of

violation

as

alleged

herein,

after

an

adjudicatory

hearing,

Respondent

shall

be

assessed

the

associated

hearing

costs

incurred

by

the

Illinois

Environmental

Protection

Agency

and

the

Illinois

Pollution

Control

Board.

Those

hearing

costs

shall

be

assessed

in

addition

to

the

One

Thousand

Five

Hundred

Dollar

($1

,500.00)

statutory

civil

penalty

for

each

violation.

Pursuant

to

Section

31.1

(d)(1)

of

the

Act,

415

ILCS

5/31.1

(d)(1)

(2006),

if

Respondent

fails

to

petition

or

elects

not

to

petition

the

Illinois

Pollution

Control

Board

for

review

of this

Administrative

Citation

within

thirty-five

(35)

days

of

the

date

of service,

the

Illinois Pollution

Control

Board

shall

adopt a final

order,

which

shall

include

this

Administrative

Citation

and

findings

of

violation

as

alleged

herein,

and

shall

impose

the

statutory

civil

penalty

specified

above.

When payment

is

made,

Respondent’s

check

shall

be

made

payable

to

the

Illinois

Environmental

Protection

Trust

Fund

and

mailed

to

the

attention

of Fiscal

Services,

Illinois

Environmental

Protection

Agency, 1021

North

Grand

Avenue

East,

P.O.

Box

19276,

Springfield,

Illinois

62794-9276.

Along

with

payment,

Respondent

shall

complete

and

return

the

enclosed

Remittance Form

to ensure

proper

documentation

of

payment.

3

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If

any civil

penalty

and/or

hearing

costs

are not

paid within

the

time prescribed

by

order

of

the

Illinois

Pollution

Control

Board,

interest

on said

penalty

and/or

hearing

costs

shall

be

assessed

against

the Respondent

from

the date

payment

is due

up

to

and

including

the

date

that payment

is

received.

The

Office

of the

Illinois

Attorney

General

may

be

requested

to

initiate

proceedings

against

Respondent

in

Circuit

Court

to collect

said

penalty

and/or

hearing

costs,

plus

any

interest

accrued.

4

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PROCEDURE

FOR

CONTESTING

THIS

ADMINISTRATIVE

CITATION

Respondent

has

the

right

to contest

this

Administrative

Citation

pursuant

to

and

in

accordance

with

Section

31.1

of the

Act,

415

ILCS

5/31/1

(2006).

If Respondent

elects

to

contest

this

Administrative

Citation,

then

Respondent

shall

file

a

signed

Petition

for

Review,

including

a

Notice

of

Filing,

Certificate

of

Service,

and Notice

of

Appearance,

with the

Clerk

of

the

Illinois

Pollution

Control

Board,

State

of

Illinois

Center,

100

West

Randolph,

Suite

11-500,

Chicago,

Illinois

60601.

A

copy

of said

Petition

for

Review

shall

be

filed

with the

Illinois

Environmental

Protection

Agency’s

Division

of

Legal

Counsel

at

1021 North

Grand

Avenue

East,

P.O.

Box

19276,

Springfield,

Illinois

62794-9276.

Section

31.1

of the Act

provides

that

any

Petition

for

Review

shall

be filed

within

thirty-five

(35)

days of

the

date

of

service

of this

Administrative

Citation

or the

Illinois

Pollution

Control

Board

shall

enter

a default

judgment

against

the Respondent.

L—---L

f

3

Zt(€

Date:

iOIlO

DougIas-.

Scott,

Director

-)

Illinois

Environmental

Protection

Agency

Prepared

by:

Susan

E. Konzelmann,

Legal

Assistant

Division

of Legal

Counsel

Illinois

Environmental

Protection

Agency

1021

North

Grand

Avenue

East

P.O.

Box 19276

Springfield,

Illinois

62794-9276

(217)

782-5544

5

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ECEllvED

CLERK’S

OFFICE

REMITTANCE

FORM

OCT

2.0

2008

STATEOFILLINOIS

ILLINOIS

ENVIRONMENTAL

)

Pollution

Control

Board

PROTECTION

AGENCY,

)

Complainant,

)

AC

V.

)

(IEPA

No.

300-08-AC)

DARRELL

KNOX,

)

Respondent.

FACILITY:

Jacksonville/Knox

SITE

CODE

NO.:

1378075006

COUNTY:

Morgan

CIVIL

PENALTY:

$4,500.00

DATE

OF

INSPECTION:

September

12,

2008

DATE

REMITTED:

SS/FEIN

NUMBER:

SIGNATURE:

NOTE

Please

enter

the

date

of

your

remittance,

your

Social

Security

number

(SS)

if an individual

or

Federal

Employer

Identification

Number

(FEIN)

if

a

corporation,

and

sign this

Remittance

Form.

Be

sure your

check

is

enclosed

and

mail, along

with

Remittance

Form,

to

Illinois

Environmental

Protection

Agency,

Attn.:

Fiscal

Services,

P.O.

Box

19276,

Springfield,

Illinois

62794-9276.

6