ILLINOIS POLLUTION CONTROL BOARD
    July 23, 2009
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    D&B REFUSE SERVICE, INC. and
    STEVE LOVEALL,
    Respondents.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    AC 09-047
    (IEPA No. 81-09-AC)
    (Administrative Citation)
    ORDER OF THE BOARD (by G.T. Girard):
    On May 26, 2009, the Illinois Environmental Protection Agency (Agency) filed an
    administrative citation with the Board against D&B Refuse Service, Inc. and Steve Loveall
    (respondents).
    See
    415 ILCS 31.1(b) (2008),
    1
    35 Ill. Adm. Code 108.202(c). The administrative
    citation concerns the respondents’ facility located at 8 Bayhill Drive, Sullivan, Moultrie County.
    The property is commonly known to the Agency as the “D &B Refuse” site and is designated
    with Site Code No. 1390300001. For the reasons below, the Board accepts respondents’ petition
    to contest the administrative citation.
    Under the Environmental Protection Act (Act) (415 ILCS 5 (2008)), 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) (2008); 35 Ill. Adm. Code 108.
    In this case, the Agency alleges that on April 15, 2009, the respondents violated Section
    21(o)(13) of the Act (415 ILCS 5/21(o)(13) (2008)), by conducting a sanitary landfill without
    submitting a financial assurance bond at the respondents’ Moultrie County site. The Agency
    asks the Board to impose the statutory $500 civil penalty on the respondents.
    As required, the Agency served the administrative citation on the respondents within “60
    days after the date of the observed violation.” 415 ILCS 5/31.1(b) (2008);
    see also
    35 Ill. Adm.
    Code 101.300(c), 108.202(b). Any petition to contest the administrative citation was due by June
    27, 2009. On June 26, 2009, the respondents timely filed a petition.
    See
    415 ILCS 5/31.1(d)
    1
    All citations to the Act will be to the 2008 compiled statutes, unless the provision at issue has
    been substantively amended in the 2008 compiled statutes.
    2
    (2008); 35 Ill. Adm. Code 101.300(b), 108.204(b). The respondents deny the allegations in the
    administrative citation.
    See
    35 Ill. Adm. Code 108.206.
    The Board accepts the petition and directs the hearing officer to proceed expeditiously to
    hearing. The hearing officer will give the parties at least 21 days written notice of the hearing.
    See
    35 Ill. Adm. Code 108.300; 415 ILCS 5/31.1(d)(2) (2008). By contesting the administrative
    citation, the respondents may have to pay the hearing costs of the Board and the Agency.
    See
    415 ILCS 5/42(b)(4) (2008); 35 Ill. Adm. Code 108.500. A schedule of the Board’s hearing
    costs is available from the Clerk of the Board and on the Board’s Web site at
    www.ipcb.state.il.us.
    See
    35 Ill. Adm. Code 108.504.
    The respondents may withdraw their petition to contest the administrative citation at any
    time before the Board enters its final decision. If the respondents chose to withdraw their
    petition, they must do so in writing, unless they do so orally at hearing.
    See
    35 Ill. Adm. Code
    108.208. If the respondents withdraw their petition after the hearing starts, the Board will require
    the respondents to pay the hearing costs of the Board and the Agency.
    See id.
    at 108.500(c).
    The Agency has the burden of proof at hearing.
    See
    415 ILCS 5/31.1(d)(2) (2008); 35 Ill.
    Adm. Code 108.400. If the Board finds that the respondents violated Section 21(o)(13), the
    Board will impose civil penalties on the respondents. The civil penalty for violating any
    provision of subsection (o) of Section 21 is $500 for each violation.
    See
    415 ILCS 5/42(b)(4)
    (2008); 35 Ill. Adm. Code 108.500(a). However, if the Board finds that the respondents have
    “shown that the violation resulted from uncontrollable circumstances, the Board shall adopt a
    final order which makes no finding of violation and which imposes no penalty.” 415 ILCS
    5/31.1(d)(2) (2008);
    see also
    35 Ill. Adm. Code 108.500(b).
    IT IS SO ORDERED.
    I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, hereby
    certify that the above order was adopted on July 23, 2009, by a vote of 5-0.
    ___________________________________
    John T. Therriault, Assistant Clerk
    Illinois Pollution Control Board

    Back to top