ILLINOIS POLLUTION CONTROL BOARD
February 5, 2009
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
WILLIAM COLLANDER and LYNN
HARRIS,
Respondents.
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AC 09-30
(IEPA No. 323-08-AC)
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
On December 22, 2008 the Illinois Environmental Protection Agency (Agency) timely
filed an administrative citation against William Collander and Lynn Harris (respondents).
See
415 ILCS 5/31.1(c) (2006); 35 Ill. Adm. Code 101.300(b), 108.202(c). The administrative
citation concerns the respondents’ facility located at 401 E. Main Street, Easton, Mason County,
commonly known to the Agency as “Easton/Harris, Lynn,” with Site Code No. 1250105009. For
the reasons below, the Board finds that the respondents violated the Environmental Protection
Act (Act) (415 ILCS 5/ 21(p)(1) (2006)), and orders the respondents to pay $1,500 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 the respondents violated Section 21(p)(1) of the Act
(415 ILCS 5/21(p)(1) (2006)) by causing or allowing the open dumping of waste in a manner
resulting in litter. The Agency asks the Board to impose a $1,500 civil penalty on the
respondents. As required, the Agency served the administrative citation on the 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).
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 on January 26, 2009. The
2
respondents failed to timely file a petition. Accordingly, the Board finds that the respondents
violated Section 21(p)(1) of the Act (415 ILCS 5/21(p)(1) (2006)).
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). Here, the total civil penalty is $1,500. 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 the respondents violated Section 21(p)(1) of the Act (415
ILCS 5/21(p)(1) (2006)).
2.
Respondents must pay a civil penalty of $1,500 no later than March 9, 2009,
which is the first business day after the 30th day from the date of this order.
Respondents 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.
Respondents 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
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
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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 February 5, 2009, by a vote of 5-0.
___________________________________
John Therriault, Assistant Clerk
Illinois Pollution Control Board
BEFORE
THE ILLINOIS
POLLUTION
CONTROL
BOARD
‘‘2UU
ADMINISTRATIVE
CITATION
‘
ILLINj
8
fltrol
ILLINOIS
ENVIRONMENTAL
)
PROTECTION
AGENCY,
)
Complainant,
)
AC
V.
)
(IEPA No.
323-08-AC)
WILLIAM COLLANDER
and LYNN
HARRIS,
)
)
)
)
Respondents.
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
William
Collander
is the
current
owner
and
Lynn Harris
is the
operator
(“Respondents”)
of a
facility located
at
401 E.
Main
Street,
Easton,
Mason
County,
Illinois.
The
property is
commonly
known
to the Illinois
Environmental
Protection
Agency
as Easton/Harris,
Lynn.
2.
That
said
facility
is
an open
dump
operating
without
an
Illinois
Environmental
Protection
Agency
Operating
Permit
and
is
designated
with Site
Code No.
1250105009.
3.
That
Respondents
have owned!
operated
said facility
at all times
pertinent
hereto.
4.
That
on November
5,
2008, Jan
Mier of
the
Illinois
Environmental
Protection
Agency’s
(“Illinois
EPA”)
Springfield
Regional
Office
inspected
the above-described
facility.
A
copy
of her
inspection
report
setting
forth the
results
of
said inspection
is attached
hereto
and
made
a
part
hereof.
5.
That
on
12,
‘—1
O
,lllinois
EPA
sent this
Administrative
Citation
via
Certified
Mail
No.
7>o7
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QUO
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VIOLATIONS
Based
upon
direct
observations
made
by Jan
Mier
during
the course
of her October
5,
2008
inspection
of the above-named
facility,
the
Illinois
Environmental
Protection
Agency
has
determined
that
Respondents
have
violated
the
Illinois
Environmental
Protection
Act
(hereinafter,
the
“Act”)
as
follows:
(1)
That
Respondents
caused
or
allowed
the
open
dumping
of
waste in
a manner
resulting
in litter, a
violation of
Section 21
(p)(1)
of the
Act, 415
ILCS
5/21
(p)(1)
(2006).
CIVIL
PENALTY
Pursuant
to
Section
42(b)(4-5)
of the Act,
415 ILCS
5/42(b)(4-5)
(2006), Respondents
are
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 One
Thousand
Five Hundred
Dollars
($1,500.00).
If
Respondents
elects
not
to petition
the
Illinois
Pollution
Control
Board,
the statutory
civil
penalty
specified
above
shall
be due
and
payable
no
later
than January
15,
2009,
unless otherwise
provided
by order
of the Illinois
Pollution
Control Board.
If Respondents
elect
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,
Respondents
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
2
violation.
Pursuant to
Section 31.1 (d)(1) of the Act, 415 ILCS
5/31.1 (d)(l) (2006), if
Respondents
fail
to petition or
elect 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, Respondents
shall complete
and return the
enclosed
Remittance
Form
to
ensure proper documentation of
payment.
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
Respondents 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 Respondents in Circuit
Court
to collect
said penalty
and/or hearing costs, plus
any interest
accrued.
3
PROCEDURE
FOR
CONTESTING
THIS
ADMINISTRATIVE
CITATION
Respondents
have
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 Respondents
elect to
contest
this Administrative
Citation, then Respondents
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
Respondents.
Date:
Douglast.
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
4
ED
REMITTANCE
FORM
DEC22
20
ILLINOIS ENVIRONMENTAL
)
POJ1utk
STATE
OF
Contr
ILLINOI
Bo$d
PROTECTION
AGENCY,
)
Complainant,
)
AC
(J
V.
)
)
(IEPA No. 323-08-AC)
)
WILLIAM COLLANDER
and
LYNN HARRIS,
)
)
)
)
Respondents.
FACILITY:
Easton/Harris,
Lynn
SITE CODE
NO.:
1250105009
COUNTY:
Mason
CIVIL
PENALTY:
$1,500.00
DATE OF INSPECTION:
November
5, 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.
5
