ILLINOIS POLLUTION CONTROL BOARD
July 23, 2009
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
RICHARD A. & DAVID J. KRUMHOLZ
d/b/a KRUMHOLZ BROTHERS
LANDSCAPING
Respondents.
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AC 09-54
IEPA No. 118-09-AC
ORDER OF THE BOARD (by G. T. Girard):
On June 10, 2009, the Illinois Environmental Protection Agency (Agency) filed an
administrative citation against Richard A. Krumholz and David J. Krumholz d/b/a Krumholz
Brothers Landscaping (respondents).
See
415 ILCS 5/31.1(c) (2008);
1
35 Ill. Adm. Code
108.202(c). The administrative citation concerns the respondents’ facility located at 2115 E.
Wilkins Drive, Medina Township, Peoria. The property is commonly known to the Agency as
the “Peoria/Krumholz Brothers Landscaping” site and is designated with Site Code No.
1439105008. 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 May 8, 2009, the respondents violated Sections
21(p)(1), (3), and (7) of the Environmental Protection Act (Act) (415 ILCS 5/21(p)(1), (3), and
(7) (2008)) by causing or allowing the open dumping of waste in a manner resulting in litter,
open burning, and deposition of construction or demolition debris at the Peoria site. The Agency
asks the Board to impose the statutory penalty of $1,500 per violation 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 July
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
14, 2009. On June 26, 2009, the respondents timely filed a petition.
See
415 ILCS 5/31.1(d)
(2008); 35 Ill. Adm. Code 101.300(b), 108.204(b). The respondents deny the alleged violations
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)(4-5) (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 Sections 21(p)(1), (3) and
(7), the Board will impose civil penalties on the respondents. The civil penalty for violating any
provision of subsection (p) of Section 21 is $1,500 for each violation.
See
415 ILCS 5/42(b)(4-
5) (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
