ILLINOIS POLLUTION CONTROL BOARD
July 20, 2006
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
WASTE MANAGEMENT OF ILLINOIS
INC., MARK BATHERSON, and DALE
HOEKSTRA,
Respondents.
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AC 06-45
(IEPA No. 95-06-AC)
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
On May 26, 2006, the Illinois Environmental Protection Agency (Agency) timely filed an
administrative citation against Waste Management of Illinois Inc., Mark Batherson, and Dale
Hoekstra (respondents).
See
415 ILCS 5/31.1(c) (2004); 35 Ill. Adm. Code 108.202(c). The
Agency alleged that on April 18, 2006 respondents violated Section 21(o)(5) of the
Environmental Protection Act (Act) (415 ILCS 5/21(o)(5) (2004)). The Agency further alleges
that respondents violated this provision conducting a sanitary landfill operation in a manner that
resulted in uncovered refuse remaining from a previous operating day or at the conclusion of an
operating day. The alleged violations occurred at 29755 South Prairie View, Wilmington, Will
County.
As required, the Agency served the administrative citation on respondents 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 July 5, 2006. Each of
respondents failed to timely file a petition. Accordingly, the Board finds that each of
respondents violated Section 21(o)(5) of the Act.
The civil penalty for violating Section 21(o) is $500 for each violation 415 ILCS
5/42(b)(4) (2004); 35 Ill. Adm. Code 108.500(a). Because there is one violation Section 21(o),
the total civil penalty is $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.
2
ORDER
1.
The Board finds that respondents violated Sections 21(o)(5) of the Act as alleged.
Respondents must pay a civil penalty of $500 no later than August 21, 2006,
which is the first business day after the 30th day after the date of this order.
2.
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 respondents’ 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) (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 20, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
