ILLINOIS POLLUTION CONTROL BOARD
May 3, 2007
COUNTY OF JACKSON,
Complainant,
v.
DAVID SKIDMORE,
Respondent.
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AC 06-32
(Jackson County Site Code 0778005012)
(Administrative Citation)
DANIEL W. BRENNER, ASSISTANT STATE’S ATTORNEY, JACKSON COUNTY,
APPEARED ON BEHALF OF THE COMPLAINANT; and
DAVID SKIDMORE APPEARED
PRO SE
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OPINION AND ORDER OF THE BOARD (by T.E. Johnson):
On March 1, 2007, the Board issued an interim opinion and order finding that David
Skidmore violated Sections 21(p)(1), 21(p)(3), and 21(p)(7) of the Environmental Protection Act
(Act) (415 ILCS 5/21(p)(1), 21(p)(3), and 21(p)(7) (2004)) at a facility located in Jackson
County at 37.89960 degrees latitude and –89.51298 longitude. These violations were alleged in
an administrative citation issued by the County of Jackson. 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), 21(p)(3), and 21(p)(7) of the Act (415 ILCS 5/21(p)(1), 21(p)(3), and 21(p)(7) (2004))
by causing or allowing the open dumping of waste resulting in litter, open burning, and the
deposition of general construction or demolition debris or clean construction or demolition
debris. The allegations arose from a February 28, 2006 inspection by the Agency.
Because there are three violations of Section 21(p) of the Act (415 ILCS 5/21(p) (2004))
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, respondent is also liable for
hearing costs. 35 Ill. Adm. Code 108.502, 108.504. The hearing was held on July 5, 2006, at the
Jackson County Health Department in Murphysboro.
On March 8, 2007, the Clerk of the Board submitted an affidavit of the Board's hearing
costs totaling $220.20. The respondent did not respond to this statement of costs.
See
35 Ill.
Adm. Code 108.506(a) (setting 21-day deadline for response).
The Board finds the submitted hearing costs reasonable and orders respondent to pay
those costs under Section 42(b)(4-5) of the Act. 415 ILCS 5/42(b)(4-5) (2004). The Board
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incorporates by reference the findings of fact and conclusions of law from its March 1, 2007
interim opinion and order. 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 and order constitutes the Board's findings of fact and conclusions of law.
ORDER
1.
The Board finds that respondent David Skidmore violated Sections 21(p)(1),
21(p)(3), and 21(p)(7) of the Environmental Protection Act (415 ILCS 5/21(p)(1),
21(p)(3), and 21(p)(7) (2004)) at a facility located in Jackson County at 37.89960
degrees latitude and –89.51298 longitude.
2.
The Board assesses the civil penalty of $4,500 for the violations, as well as
hearing costs totaling $220.20 for a total amount of $4,720.20. Respondent must
pay $4,720.20 no later than Monday, June 18, 2007, which is the first business
day after the 45th day from the date of this order. Respondent must pay this
amount by certified check or money order, made payable to the Office of the
Jackson County Treasurer. 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 to:
Shirley Dillinger Booker
Jackson County Treasurer
Jackson County Courthouse
Murphysboro, IL 62966
4.
Penalties unpaid within the time prescribed will accrue interest under Section
42(g) of the 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 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) (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, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
the Board adopted the above opinion and order on May 3, 2007, by a vote of 4-0.
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John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
