ILLINOIS POLLUTION CONTROL BOARD
May 3, 2007
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
MICHAEL MORETON,
Respondent.
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AC 04-51
(IEPA No. 83-04-AC)
(Administrative Citation)
MICHELLE M. RYAN, SPECIAL ASSISTANT ATTORNEY GENERAL, APPEARED ON
BEHALF OF THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY; and
MICHAEL MORETON APPEARED
PRO SE
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OPINION AND ORDER OF THE BOARD (by T.E. Johnson):
On February 1, 2007, the Board issued an interim opinion and order finding that Michael
Moreton violated Sections 21(p)(1) and 21(p)(7) of the Environmental Protection Act (Act) (415
ILCS 5/21(p)(1), 21(p)(7) (2004)) at the southeast corner of the intersection of Coles County
roads 1380 N and 2330 E, T.13N-R.10E, Ashmore Township, Coles County. These violations
were alleged in an administrative citation issued by the Illinois Environmental Protection Agency
(Agency). 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) and 21(p)(7) of the Act (415 ILCS 5/21(p)(1) and 21(p)(7) (2004)) by causing or
allowing the open dumping of waste resulting in litter and the deposition of general construction
or demolition debris or clean construction or demolition debris. The allegations arose from a
January 20, 2004 inspection by the Agency.
Because there are two 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 $3,000. Further, because a
hearing was held in this proceeding, and the respondent did not prevail, the respondent is also
liable for hearing costs. 35 Ill. Adm. Code 108.502, 108.504. The hearing was held on July 19,
2006, in the Council Chambers at the Mattoon City Hall.
On February 8, 2007, the Clerk of the Board submitted an affidavit of the Board's hearing
costs totaling $227.25. On February 22, 2007, the Agency filed a statement of hearing costs
totaling $108.87. The respondent has not responded to either statement of costs.
See
35 Ill.
Adm. Code 108.506(a) (setting 21-day deadline for response).
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The Board finds the hearing costs of both the Board and the Agency 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 incorporates by reference the findings of fact and conclusions of law from its
February 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 Michael Moreton violated Sections 21(p)(1) and
21(p)(7) of the Environmental Protection Act (415 ILCS 5/21(p)(1), 21(p)(7)
(2004)) at the southeast corner of the intersection of Coles County roads 1380 N
and 2330 E, T.13N-R.10E, Ashmore Township, Coles County.
2.
The Board assesses the civil penalty of $3,000 for the violations, as well as
hearing costs totaling $336.12 for a total amount of $3,336.12. Respondent
must pay $3,336.12 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 Environmental Protection Trust Fund. The case numbers, 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:
Illinois Environmental Protection Agency
Fiscal Services
1020 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 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
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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, 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.
___________________________________
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
