ILLINOIS POLLUTION CONTROL BOARD
July 20, 2006
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
LANDFILL, L.L.C. and DANNY BOWMAN,
Respondents.
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AC 06-47
(IEPA No. 97-06-AC)
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
On June 1, 2006, the Illinois Environmental Protection Agency (Agency) timely filed an
administrative citation against Landfill, L.L.C. and Danny Bowman (collectively, respondents).
See
415 ILCS 5/31.1(c) (2004); 35 Ill. Adm. Code 108.202(c). The Agency alleged that on
April 21, 2006 respondents violated Section 21(o)(5) and (o)(12) of the Environmental
Protection Act (Act) (415 ILCS 5/21(o)(5) and (o)(12) (2004)). The Agency further alleges that
respondents violated this provision these provisions by conducting a sanitary landfill operation in
a manner that resulted in (1) uncovered refuse remaining from a previous operating day or at the
conclusion of an operating day; and (2) conducting a sanitary landfill in a manner that resulted in
failure to collect and contain litter by the end of each operating day. The alleged violations
occurred at 1710 McFarland Road, Thompsonville, Saline County.
As required, the Agency served the administrative citation on Landfill, L.L.C. 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 violations 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 from Landfill, L.L.C. was due on July 5,
2006, and Landfill, L.L.C failed to file a petition. The Agency did not file a proof of service as
to Danny Bowman. Accordingly, the Board dismisses the administrative citation as to Danny
Bowman and finds that Landfill, L.L.C. violated Section 21(o)(5) and (o)(12) 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 are two
violations of Section 21(o), the total civil penalty is $1,000. 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.
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ORDER
1.
The Board dismisses the administrative citation as to Danny Bowman for lack of
service.
2.
The Board finds that Landfill, L.L.C. violated Sections 21(o)(5) and (o)(12) of the
Act as alleged. Landfill, L.L.C. must pay a civil penalty of $1,000 no later than
August 21, 2006, which is the first business day after the 30th day after the date of
this order.
3.
Landfill, L.L.C. 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 Landfill, L.L.C.’s federal employer identification number
must be included on the certified check or money order.
4.
Landfill, L.L.C. 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
5.
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)).
6.
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, 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
