ILLINOIS POLLUTION CONTROL BOARD
July 6, 2006
COUNTY OF LASALLE,
Complainant,
v.
BILL SHAWBACK,
Respondent.
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AC 06-43
(Site Code 0990105006)
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
On May 11, 2006, the County of LaSalle timely filed an administrative citation against
Bill Shawback.
See
415 ILCS 5/31.1(c) (2004); 35 Ill. Adm. Code 108.202(c). The County of
LaSalle alleged that on April 12, 2006, Bill Shawback violated Section 21(p)(1) of the
Environmental Protection Act (Act) (415 ILCS 5/21(p)(1) (2004)). The County of LaSalle
further alleges that Bill Shawback violated this provision by causing or allowing the open
dumping of waste in a manner that resulted in litter. The alleged violations occurred at a site
located in Groveland Township, LaSalle County.
As required, the County of LaSalle served the administrative citation on Bill Shawback
within “60 days after the date of the observed violation.” 415 ILCS 5/31.1(b) (2004);
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 the respondent fails to do so, the Board must find that the respondent committed the violation
alleged and impose the corresponding civil penalty. 415 ILCS 5/31.1(d)(1) (2004); 35 Ill. Adm.
Code 108.204(b), 108.406. Here, any petition for review was due on June 9, 2006. Bill
Shawback failed to timely file a petition. Accordingly, the Board finds that Bill Shawback
violated Section 21(p)(1) of the Act.
The civil penalty for violating Section 21(p) is $1,500 for a first offense and $3,000 for a
second or subsequent offense. 415 ILCS 5/42(b)(4-5) (2004); 35 Ill. Adm. Code 108.500(a).
Because there is one violation of Section 21(p) and this violation is a first offense, 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 Bill Shawback violated Sections 21(p)(1) of the Act as
alleged. Bill Shawback must pay a civil penalty of $1,500 no later than August 7,
2006, which is the first business day after the 30th day after the date of this order.
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2.
Bill Shawback must pay the civil penalty by certified check or money order, made
payable to the LaSalle County Department of Environmental Services and
Development. The case number, case name, and Bill Shawback’s social security
number must be included on the certified check or money order.
3.
Bill Shawback must send the certified check or money order and the remittance
form to:
LaSalle County Department of Environmental Services and Development
119 West Madison Street, Room 406
Ottawa, Illinois 61350
4.
Penalties unpaid within the time prescribed will accrue interest under Section
42(g) of the Environmental Protection 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 violation
continues.
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.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above opinion and order on July 6, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
