ILLINOIS POLLUTION CONTROL BOARD
    June 2, 2005
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    CHARLES BELLEMEY and WILLIE
    DOUCHER,
     
    Respondents.
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    AC 05-64
    (IEPA No. 95-05-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On April 11, 2005, the Illinois Environmental Protection Agency (Agency) timely filed
    an administrative citation against Charles Bellemey and Willie Doucher (collectively,
    respondents).
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill. Adm. Code 108.202(c). The Agency
    alleged that on March 14, 2005, respondents violated Section 21(p)(1) and (p)(7) of the
    Environmental Protection Act (Act) (415 ILCS 5/21(p)(1) and (p)(7) (2002)). The Agency
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    As required, the Agency served the administrative citation on respondents within “60
    days after the date of the observed violation.” 415 ILCS 5/31.1(b) (2002);
    see also
    Code 108.202(b). This order accepts a petition for review of the administrative citation filed by
    Charles Bellemey and enters a default judgment against Willie Doucher.
     
    ACCEPT CHARLES BELLEMEY’S PETITION FOR REVIEW
     
    On May 31, 2005, Charles Bellemey timely filed a letter, which the Board construes as a
    petition to contest the administrative citation.
    See
    415 ILCS 5/31.1(d) (2002); 35 Ill. Adm. Code
    108.204(b). Because the postmark date of the petition is within the time for filing, the petition
    was timely filed. 35 Ill. Adm. Code 101.300(b)(2). Charles Bellemey alleges that he sold the site
    where the violations occurred to Pirtle Docher, Inc. under a contract for deed dated January 8,
    2002, so that he believes “the contract buyers are responsible for all liens and violations.
    See
    35
    Ill. Adm. Code 108.206. The Board accepts the petition for hearing.
     
    The Board 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. 35 Ill. Adm. Code
    108.300;
    see also
    415 ILCS 5/31.1(d)(2) (2002). By contesting the administrative citation,
    Charles Bellemey may have to pay the hearing costs of the Board and the Agency.
    See
    415
     
    2
    ILCS 5/42(b)(4-5) (2002); 35 Ill. Adm. Code 108.500. A schedule of the Board’s hearing costs
    is available at the Board’s offices and on the Board’s Web site at www.ipcb.state.il.us. 35 Ill.
    Adm. Code 504.
     
    Charles Bellemey may withdraw his petition to contest the administrative citation at any
    time before the Board enters its final decision. If Charles Bellemey chooses to withdraw his
    petition, he must do so in writing, unless he does so orally at hearing.
    See
    35 Ill. Adm. Code
    108.208. If Charles Bellemey withdraws his petition after the hearing starts, the Board will
    require Charles Bellemey 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) (2002); 35 Ill.
    Adm. Code 108.400. If the Board finds that Charles Bellemey violated Section 21(p)(1) and
    (p)(7), the Board will impose civil penalties on Charles Bellemey. 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) (2002); 35 Ill. Adm. Code 108.500. However, if the Board finds that Charles
    Bellemey “has 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) (2002);
    see also
    35 Ill. Adm. Code 108.500(b).
     
    DEFAULT AGAINST WILLIE DOUCHER
     
    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. 415 ILCS 5/31.1(d)(1) (2002); 35 Ill. Adm. Code 108.204(b),
    108.406. Here, any petition for review was due on May 16, 2005, as to respondent Willie
    Doucher. Willie Doucher failed to timely file a petition. Accordingly, the Board finds that
    Willie Doucher violated Section 21(p) 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) (2002); 35 Ill. Adm. Code 108.500(a).
    Because there are two violations of Section 21(p) and these violations are first offenses, 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.
     
    ORDER
     
    1. The Board finds that Willie Doucher violated Sections 21(p)(1) and (p)(7) of the
    Act as alleged. Willie Doucher must pay a civil penalty of $3,000 no later than
    July 5, 2005, which is the first business day after the 30th day after the date of this
    order.
     
    2. Willie Doucher must pay the civil penalty by certified check or money order,
    made payable to the Illinois Environmental Protection Trust Fund. The case
     
    3
    number, case name, and respondents’ social security numbers or federal employer
    identifications number must be included on the certified check or money order.
     
    3.
    Willie Doucher 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) (2002)) at the rate
    set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
    (2002)).
     
    5.
    Payment of this penalty does not prevent future prosecution if the violations
    continue.
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above opinion and order on June 2, 2005, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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