ILLINOIS POLLUTION CONTROL BOARD
January 24, 2008
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
GARY CLOVER, d/b/a CLOVER
CONCRETE,
Respondent.
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AC 05-72
(IEPA No. 144-05-AC)
(Administrative Citation)
MICHELLE M. RYAN, ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF
OF THE COMPLAINANT; and
GARY CLOVER APPEARED
PRO SE
AT STATUS CONFERENCES.
OPINION AND ORDER OF THE BOARD (by T.E. Johnson):
On December 6, 2007, the Board issued an interim opinion and order finding that Gary
Clover (Mr. Clover), doing business as Clover Concrete, violated Sections 21(p)(1), (p)(3), and
(p)(4) of the Environmental Protection Act (Act) (415 ILCS 5/21(p)(1), (p)(3), and (p)(4) (2006))
at a facility located at 11704 North Route 37, Marion, Williamson County. These violations
were alleged in an administrative citation issued by the Illinois Environmental Protection Agency
(Agency). Having received documentation of hearing costs in this administrative citation
enforcement action, the Board today issues its final opinion and order.
In the interim opinion and order, the Board found that the respondent violated Sections
21(p)(1), (p)(3), and (p)(4) of the Act (415 ILCS 5/21(p)(1), (p)(3), and (p)(4) (2006)) by causing
or allowing the open dumping of waste in a manner that resulted in (1) litter, (2) open burning,
and (3) deposition of waste in standing or flowing waters. The allegations arose from a March
31, 2005 inspection by the Agency.
Because there are three violations of Section 21(p) of the Act (415 ILCS 5/21(p) (2006))
and these violations are first offenses, the total civil penalty is $4,500. Further, because a
hearing was held in this proceeding and respondent did not prevail, Mr. Clover is also liable for
hearing costs. 35 Ill. Adm. Code 108.502, 108.504. The hearing was held on May 8, 2007 at the
City Hall in Marion.
On December 19, 2007, the Agency submitted an affidavit of its hearing costs totaling
$175.62. On December 20, 2007, the Clerk of the Board submitted an affidavit of the Board's
hearing costs totaling $177.45. Mr. Clover did not respond to either statement of costs.
See
35
Ill. Adm. Code 108.506(a) (setting 21-day deadline for response).
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The Board finds the submitted hearing costs reasonable and orders respondent to pay
those costs, totaling $353.07, under Section 42(b)(4-5) of the Act. 415 ILCS 5/42(b)(4-5)
(2006). The Board incorporates by reference the findings of fact and conclusions of law from its
December 6, 2007 interim opinion. Under Section 31.1(d)(2) of the Act, the Board attaches the
administrative citation and makes it part of the Board's final order.
This opinion constitutes the Board's findings of fact and conclusions of law.
ORDER
1.
The Board finds that respondent Gary Clover violated Sections 21(p)(1), (p)(3),
and (p)(4) of the Environmental Protection Act (415 ILCS 5/21(p)(1), (p)(3), and
(p)(4) (2006)) at his property located in Marion, Williamson County.
2.
The Board assesses the civil penalty of $4,500 for the violations, as well as
hearing costs totaling $353.07, for a total amount of $4,853.07. Respondent must
pay $4,853.07 no later than Monday, March 10, 2008, which is the first business
day after the 45th day from the date of this order. Respondent must pay the civil
penalty by certified check or money order payable to the Illinois Environmental
Protection Agency, designated to the Illinois Environmental Protection Trust
Fund. The case name and case number and respondent’s social security number
or Federal Employer Identification Number (FEIN) must appear on the certified
check or money order.
3.
Respondent must submit payment of the civil penalty and hearing costs 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.
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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 T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
the Board adopted the above opinion and order on January 24, 2008, by a vote of 4-0.
___________________________________
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
RECE
CLERK’S
WED
OFEtCE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD MAY 232005
STATE OF ILLINOIS
ILLINOIS ENVIRONMENTAL
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Pollution Control Board
PROTECTION AGENCY,
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Complainant,
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AC
(J~-’
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v.
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(IEPAN0. 144-05-AC)
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GARY CLOVER, dlb/a CLOVER
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CONCRETE,
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Respondent.
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NOTICE OF FILING
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To:
Gary Clover, d/b/a Clover Concrete
11704 North Route 37
Marion, Illinois 62959
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk ofthe Pollution
Control Board of the State of Illinois the following instrument(s) entitled ADMINISTRATiVE
CITATION, AFFIDAVIT; and OPEN DUMP Th~SPECTIONCHECKLIST.
Respectfully submitted,
//~~ ~
Jai~tesM.Kropid
S/ecial Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O.Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Dated: May 19, 2005
THIS FILING SUBMfITED ON RECYCLED PAPER
RECE WED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MAY 232005
ADMINISTRATIVE CITATION
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
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AC
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V.
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(IEPA No. 144-05-AC)
GARY CLOVER,
dibla
CLOVER
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CONCRETE,
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 (2002).
FACTS
1.
That Gary Clover, d/b/a Clover Concrete (“Respondent”) is the present owner and
operator of a facility-located at 11704 N. Route 37, Marion, Williamson County, Illinois. The property
is commonly known to the Illinois Environmental Protection Agency as Clover Concrete (Gary
Clover).
2.
That said facility is an open dump operating without an Illinois Environmental
Protection Agency Operating Permit and is designated with Site Code No. 1990555132.
3.
That Respondent has owned and operated said facility at all times pertinent hereto.
4.
That on March 31, 2005, Scott Arnold of the Illinois Environmental Protection
Agency’s Marion Region~lOffice inspected the above-described facility. A copy of his inspection
report setting forth the .resu Its of said inspection is attached hereto and made a part hereof.
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VIOLATIONS
Based upon direct observations made by Scott Arnold during the course of his March 31,
2005 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:
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(1)
That Respondent 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 5/2l(p)(1)
(2002).
(2)
That Respondent caused or allowed the open dumping of waste in a manner
resulting in open burning, a violation of Section 21(p)(3) of the Act, 415 ILCS
5/21 (p)(3) (2002).
(3)
That Respondent caused or allowed the open dumping of waste in a manner
resulting in the deposition of waste in standing or flowing waters, a violation of
Section 21 (p)(4) of the Act, 415 ILCS S/21(p)(4) (2002).
CIVIL PENALTY
On March 18, 2004, the Board found Gary Clover in violation of Section 21(p)(l) of the Act
in AC 04-37.
Because this Administrative Citation addresses a second or subsequent violation of Section
21(p)(l) of the Act, Pursuant to Section 42(b)(4-5) of the Act, 415 ILCS 5/42(b)(4-5) (2002),
respondent is subject to a civil penalty of Three Thousand Dollars ($3,000.00) for the violation of
Section 21(p)(l). Pursuant to Section 42(b)(4-5) of the Act, 415 ILCS 5/42(b)(4-5) (2002),
respondent is subject to a civil penalty of One Thousand Five Hundred Dollars ($1 ,500.00) for each
of the other violations identified above, for a total of Six Thousand Dollars ($6,000.00). 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 June 15,2005, unless otherwise provided by
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order of the Illinois Pollution Control Board.
If Respondent elects to contestthis Administrative Citation by petitioning the Illinois Pollution
Control Board in accordance with Section 31.1 of the Act, 415 ILCS 5/31.1(2002), and if the Illinois
Pollution Control Board issues a finding of violation as alleged herein, after an adjudicatory hearing,
Respondentshall 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 statutory civil penalty for each violation.
Pursuant to Section 31.1 (d)(1) of the Act, 415 ILCS 5/31.1 (d)(1) (2002), 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.
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.
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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 (2002). 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 th~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 thatany 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.
______________________
Date: _______
Renee Cipriano, Dirictor ‘~—
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
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RECEIVED
CLERK’S OFFICE
REMITTANCE FORM
MAY 232005
STATE OF ILLINOIS
ILLINOIS ENVIRONMENTAL
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Pollution Control Board
PROTECTION AGENCY,
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Complainant,
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AC
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V.
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(IEPA No. 144-05-AC)
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GARY CLOVER, d/b/a CLOVER
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CONCRETE,
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Respondent.
FACILITY:
Clover Concrete (Gary Clover)
SITE CODE NO.:
1990555132
COUNTY:
Williamson
CIVIL PENALTY:
$6,000.00
DATE OF INSPECTION:
March 31, 2005
DATE REMITTED:
SS/FEIN NUMBER:
SIGNATURE:
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NOTE
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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.
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