ILLINOIS POLLUTION CONTROL BOARD
May 6, 2004
ILLINOIS ENVIRONMENTAL,
PROTECTION AGENCY,
Complainant,
v.
VINCE HARVEY,
Respondent.
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AC 03-27
(IEPA No. 144-03-AC)
(Administrative Citation)
MICHELLE RYAN APPEARED ON BEHALF OF THE ILLINOIS ENVIRONMETNAL
PROTECTION AGENCY; and
VINCE HARVEY APPEARED
PRO SE.
OPINION AND ORDER OF THE BOARD (by J.P. Novak):
Today’s final order requires the payment of $3,347.34 in civil penalties and hearing costs
resulting from an administrative citation issued by the Illinois Environmental Protection Agency
(Agency), to Vince Harvey (respondent). In the administrative citation the complainant alleged
that, at his property in Kewanee, Henry County, respondent violated Section 21(p)(1) and (p)(7)
of the Environmental Protection Act (Act), 415 ILCS 5/21 (p)(1), (p)(7)(2002).
m opinion and order finding that the presence
of materials observed on January 31, 2003, on Vince Harvey’s property constituted the open
dumping of waste resulting in litter and in the deposition of demolition debris in violation of the
Act. The Board assessed a civil penalty of $3,000 against respondent for these violations of
Section 21(p)(1) and (p)(7) of the Act.
The Board further found that the complainant and the Board were entitled to hearing
costs pursuant to Section 42(b)(4) of the Act. The Board directed the Agency and the Clerk of
the Board to file and serve any affidavits of costs within 14 days, and allowed respondent 14
days in which to file any reply or objection. The Board stated that it would thereafter issue a
final order assessing the statutory penalty and any appropriate costs.
On April 6, 2004, the Clerk of the Board submitted an affidavit stating that the Board’s
costs were $229.50. On April 8, 2004, the Agency submitted an affidavit stating that the
Agency’s costs were $117.84. The respondent has not filed any replies or objections.
Accordingly, the Board orders respondent to pay hearing costs of $343.74 in addition to the
statutory penalty of $3,000 for violating Section 21(p)(1) and (p)(7) of the Act.
This opinion constitutes the Board’s findings of fact and conclusions of law.
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ORDER
1. The Board finds that Vince Harvey violated Section 21(p)(1) and (p)(7) of the
Environmental Protection Act. 415 ILCS 5/21(p)(1) and 21(p)(7) (2002). The
Board assesses the statutory penalty of $3,000, as well as hearing costs of
$347.34, for a total amount due of $3,347.34. Vince Harvey must pay this
amount on or before June 5, 2004, which is the 30th day after the date of this
order.
2. Vince Harvey must pay the civil penalty and hearing costs by certified check or
money order, made payable to the Illinois Environmental Protection Trust Fund.
The case number, case name, and Vince Harvey’s social security number or
federal employer identification number must be included on the certified check or
money order.
3. Vince Harvey 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 violation
continues.
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) (2002);
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.
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above opinion and order on May 6, 2004, by a vote of 5-0.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
