ILLINOIS POLLUTION CONTROL BOARD
May 7, 2009
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
JACK CAMPBELL,
Respondent.
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AC 09-34
(IEPA No. 2-09-AC)
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
On February 6, 2009, Illinois Environmental Protection Agency (Agency) timely filed an
administrative citation against Jack Campbell (Campbell).
See
415 ILCS 5/31.1(c) (2006); 35
Ill. Adm. Code 101.300(b), 108.202(c). The administrative citation concerns Campbell’s facility
located at 291 County Road 30E, southwest of Norris City, White County. The property is
commonly known to the Agency as Gossett/Campbell, Jack. For the reasons below, the Board
finds that Campbell violated the Environmental Protection Act (Act) (415 ILCS 5 (2006)) and
orders Campbell to pay $3,000.00 in civil penalties.
Under the Act, an administrative citation is an expedited enforcement action brought
before the Board seeking civil penalties that are fixed by statute. Administrative citations may
be filed only by the Agency or, if the Agency has delegated the authority, by a unit of local
government, and only for limited types of alleged violations at sanitary landfills or unpermitted
open dumps.
See
415 ILCS 5/3.305, 3.445, 21(o), (p), 31.1(c), 42(b)(4), (4-5) (2006); 35 Ill.
Adm. Code 108.
In this case, the Agency alleges that Campbell violated Sections 21(p)(1) and (p)(7) of
the Act (415 ILCS 5/21(p)(1) and (p)(7) (2006) by causing or allowing the open dumping of
waste in a manner resulting in litter and the deposition of clean or general construction or
demolition debris. The Agency asks the Board to impose a $3,000.00 civil penalty on Campbell.
As required, the Agency served the administrative citation on Campbell within “60 days after the
date of the observed violation.” 415 ILCS 5/31.1(b) (2006);
see also
35 Ill. Adm. Code
101.300(c), 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.
See
415 ILCS 31.1(d)(1) (2006); 35 Ill. Adm. Code 101.300(b),
108.204(b), 108.406. Here, any petition for review was due on March 11, 2009. Campbell
failed to timely file a petition. Accordingly, the Board finds that Campbell violated Sections
21(p)(1) and (p)(7) of the Act.
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The civil penalty for violating any provision of subsection (p) of Section 21 is $1,500 for
each violation, except that the penalty amount is $3,000 for each violation that is the person’s
second or subsequent adjudicated violation of that provision.
See
415 ILCS 5/42(b)(4-5) (2006);
35 Ill. Adm. Code 108.500(a). Because there are two violations of Section 21(p) and these are
first adjudicated violations, the total civil penalty is $3,000.00. 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 Info Jack Campbell (Campbell) violated Sections 21(p)(1)
and (p)(7) of the Act.
2.
Campbell must pay a civil penalty of $3,000.00 no later than June 8, 2009, which
is the first business day after the 30th day after the date of this order. Campbell
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
Campbell’s federal employer identification number must be included on the
certified check or money order.
3.
Campbell 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) (2006)) at the rate
set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
(2006)).
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) (2006);
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
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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, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
Board adopted the above opinion and order on May 7, 2009, by a vote of 5-0.
___________________________________
John Therriault, Assistant Clerk
Illinois Pollution Control Board
