ILLINOIS POLLUTION CONTROL BOARD
October 19, 2006
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
MARLA LEWIS GATES, MARK GATES and
MARK KINGSLEY LEWIS,
)
Respondents.
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AC 06-50
(IEPA No. 98-06-AC)
(Administrative Citation)
ORDER OF THE BOARD (by T.E. Johnson):
On June 2, 2006, the Illinois Environmental Protection Agency (Agency) timely filed an
administrative citation against Marla Lewis Gates, Mark Gates, and Mark Kingsley Lewis
(respondents).
See
415 ILCS 5/31.1(c) (2004); 35 Ill. Adm. Code 108.202(c). On July 25, 2006,
respondent Mark Gates filed a petition to review the administrative citation.
On August 4, 2006, the Board issued an order directing respondent Mark Gates to amend
his petition to contest the administrative citation or face dismissal of his appeal, and directing the
Agency to file sufficient proof of service as to Marla Lewis Gates and Mark Kingsley Lewis.
See
IEPA v. Gates, AC 06-50, slip op. at 2 (Aug. 4, 2006). The parties were both given until
September 5, 2006, to correct their respective filing deficiencies.
Id
.
To date, neither Mark Gates nor the Agency has submitted any pleadings to correct the
aforementioned deficiencies. Accordingly, the Board dismisses Mark Gates’ petition to contest
the administrative citation, as well as the administrative citations against Marla Lewis Gates and
Mark Kingsley Lewis.
The Agency alleges that Mark Gates violated Sections 21(p)(1) and (7) of the Illinois
Environmental Protection Act (Act). 415 ILCS 5/21(p)(1) and (7) (2004). According to the
Agency’s administrative citation, the Mark Gates violated these provisions of the Act by causing
or allowing the open dumping of waste, resulting in litter and the deposition of construction or
demolition debris at a site located in part of the west 1/2 of the southwest 1/4 of Section 8 in
Township 21 North and Range 2 West of the 3rd Principal Meridian in Logan County (site). The
Agency asks the Board to impose a $1,500 civil penalty for each alleged violation.
As required, the Agency served the administrative citation on Mark Gates 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). Specifically, the Agency submitted proof that Mark Gates had received
personal service of the administrative citation on June 13, 2006; consequently, any timely
petition for review for this respondent would have to be postmarked on or before July 18, 2006.
2
See
35 Ill. Adm. Code 101.300(b)(2). Although Mark Gates did file a petition on July 18, 2006,
that petition has been dismissed as indicated above because Mark Gates did not amend the
petition as directed in the Board’s August 4, 2006 order. Accordingly, the Board finds that Mark
Gates violated Section 21(p)(1) and (7) 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 are two violations of Section 21(p) the total civil penalty is $3,000. 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.
ORDER
1.
The Board finds that Mark Gates violated Sections 21(p)(1) and (7) of the Act as
alleged. Mark Gates must pay a civil penalty of $3,000 no later than
November 20, 2006, which is the first business day after the 30th day after the
date of this order.
2.
Mark Gates 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 Mark Gates’ social security number or federal employer
identification number must be included on the certified check or money order.
3.
Mark Gates 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.
6.
The administrative citations against Marla Lewis Gates and Mark Kingsley are
dismissed.
IT IS SO ORDERED.
3
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 October 19, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
