ILLINOIS POLLUTION CONTROL BOARD
October 18, 2001
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
TERRY BAKER d/b/a BAKER
EXCAVATING,
Respondent.
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AC 02-8
(IEPA No. 389-01-AC)
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by C.A. Manning):
On September 10, 2001, the Illinois Environmental Protection Agency (Agency) timely
filed an administrative citation against Terry Baker d/b/a Baker Excavating (Baker).
See
415
ILCS 5/31.1(c) (2000); 35 Ill. Adm. Code 108.202(c). The Agency alleges that Baker 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)). The Agency further alleges that Baker violated these
provisions by causing or allowing open dumping of waste in a manner resulting in litter, open
burning, and the deposition of general construction or demolition or clean construction or
demolition debris at a facility located in Franklin 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 Baker 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, Baker failed to timely file a petition. Accordingly, the Board finds
that Baker 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.
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This opinion constitutes the Board’s finding of fact and conclusions of law.
ORDER
1. Terry Baker d/b/a Baker Excavating (Baker) must pay a civil penalty of $4,500 no
later than November 18, 2001, which is the 30th day after the date of this order.
2 Baker 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 Baker’s social security number or federal employer identification
number must be included on the certified check or money order.
3. Baker 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.
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.
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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 October 18, 2001, by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
