ILLINOIS POLLUTION CONTROL BOARD

November 21, 2002

 

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

 

Complainant,

 

v.

 

BOBBY KELLER,

 

Respondent.

)

)

)

)

)

)

)

)

)

)

 

 

 

 

      

AC 03-10

(IEPA No. 432-02-AC)

(Administrative Citation)

 

OPINION AND ORDER OF THE BOARD (by C.A. Manning):

 

On October 4, 2002, the Illinois Environmental Protection Agency (Agency) timely filed

an administrative citation against Bobby Keller (Keller).

See

415 ILCS 5/31.1(c) (2000); 35 Ill.

Adm. Code 108.202(c). The Agency alleges that Keller violated Sections 21(p)(1), (p)(3), and

(p)(7) of the Environmental Protection Act (Act) (415 ILCS 5/21(p)(1), (p)(3), (p)(7) (2000),

 

amended by

P.A. 92-0574, eff. June 26, 2002). The Agency further alleges that Keller violated

these provisions 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 a facility at 3931

Route 66, Mount Olive, Macoupin County. The administrative citation meets the content

requirements of 35 Ill. Adm. Code 108.202(b).

 

As required, the Agency served the administrative citation on Keller within “60 days after

the date of the observed violation.” 415 ILCS 5/31.1(b) (2000);

see also

35 Ill. Adm. Code

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. 415 ILCS 31.1(d)(1) (2000); 35 Ill. Adm. Code

108.204(b), 108.406. Here, Keller failed to timely file a petition. Accordingly, the Board finds

that Keller violated Sections 21(p)(1), (p)(3), and (p)(7) 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) (2000); 35 Ill. Adm. Code 108.500(a).

Because there are three violations of Section 21(p) and these violations are first offenses, the

total civil penalty is $4, 500. 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. Bobby Keller (Keller) must pay a civil penalty of $4,500 no later than

---

 

2

December 21, 2002, which is the 30th day after the date of this order.

 

2.

Keller 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 Keller’s social security number or federal employer identification

number must be included on the certified check or money order.

 

3.

Keller 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) (2000)) at the rate

set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)

(2000)).

 

5.

Payment of this penalty does not prevent future prosecution if the violations

continue.

 

IT IS SO ORDERED.

 

Board Member G.T. Girard dissented.

 

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) (2000);

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

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, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board

adopted the above opinion and order on November 21, 2002, by a vote of 5-1.

 

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board