ILLINOIS POLLUTION CONTROL BOARD
July 21, 2005
COUNTY OF VERMILION, ILLINOIS,
Complainant,
v.
BILL WERNIGK,
Respondent.
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AC 05-28
(County No. 04-02)
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by A.S. Moore):
Today the Board accepts a proposed settlement and dismissal of this administrative
citation enforcement action. By way of background, complainant, the County of Vermilion
(County), timely filed an administrative citation against respondent, Bill Wernigk (Wernigk), on
September 27, 2004. The County alleged that Wernigk violated Sections 21(p)(1) and (p)(7) of
the Environmental Protection Act (Act) (415 ILCS 5/21(p)(1), (p)(7) (2004)) by causing or
allowing the open dumping of waste resulting in litter and the deposition of general and clean
construction and demolition debris at Wernigk’s property, located at 3585 East 3200 North Road
in Potomac, Vermilion County.
Wernigk timely filed a petition to contest the administrative citation, which the Board
accepted on October 21, 2004. On July 5, 2005, the parties filed a proposed settlement
agreement. Under the proposed settlement, Wernigk admits that he violated Section 21(p)(1) of
the Act by causing or allowing open dumping resulting in litter, and agrees to pay a civil penalty
of $3,000. Settlement at 1. In addition, the County agrees to the dismissal of its administrative
citation with respect to the alleged violation of Section 21(p)(7) of the Act.
Id
.
The Board accepts the proposal for settlement. Under Section 31.1(d) of the Act (415
ILCS 5/31.1(d) (2004)), the Board therefore finds that Wernigk violated Section 21(p)(1) of the
Act. The civil penalty for violating any provision of Section 21(p) is $1,500 for each violation of
each such provision. However, if a violation is the person’s second or subsequent adjudicated
violation of that provision of Section 21(p), the civil penalty amount is $3,000 for the second or
subsequent violation.
See
415 ILCS 5/42(b)(4-5) (2002); 35 Ill. Adm. Code 108.500.
In the County’s administrative citation alleging Wernigk’s violation of Section 21(p)(1)
of the Act, the County states that Wernigk had also previously violated Section 21(p)(1). On
September 18, 2003, in another administrative citation case, the Board did find that Wernigk
violated Section 21(p)(1).
See
County of Vermilion v. Wernigk, AC 04-10 (Sept. 18, 2003).
The Board accordingly now assesses a civil penalty of $3,000 for Wernigk’s subsequent
violation of Section 21(p)(1). The Board also dismisses the County’s alleged violation of
Section 21(p)(7) of the Act and Wernigk’s petition to contest the administrative citation.
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Finally, the Board notes that under terms of the settlement agreement, Wernigk is to pay
the $3,000 civil penalty in monthly installments of $125, with final payment due by
June 15, 2007. Though the parties filed the proposed settlement agreement on July 5, 2005, the
agreement makes the first $125 installment payment due “on or before July 15, 2005.”
Settlement at 1. The due date for the first installment payment therefore precedes the date of this
Board opinion and order. There is no indication in the record whether Wernigk has made the
first installment payment. Accordingly, the Board finds that the first installment will be
considered timely paid if Wernigk
either
made a $125 payment on or before July 15, 2005,
or
makes a $250 payment on or before August 15, 2005.
This opinion constitutes the Board’s finding of fact and conclusions of law.
ORDER
1. The Board accepts and incorporates by reference the proposed settlement
agreement.
2. The Board finds that Wernigk violated Section 21(p)(1) of the Act (415 ILCS
5/21(p)(1) (2004)) by causing or allowing the open dumping of waste resulting in
litter.
3. Wernigk must pay a total civil penalty of $3,000 in installments of no less than
$125 per month, due on or before the 15th of each month, with the final payment
due on or before June 15, 2007. Payment must be made by certified check or
money order, made payable to the County of Vermilion, Illinois. The case
number, case name, and Wernick’s social security number must be included on
the certified check or money order.
4. Wernigk must send the certified check or money order to:
Vermilion County Health Department
200 South College Street
Danville, Illinois 61832
5. Penalties unpaid within the time prescribed will accrue interest under Section
42(g) of the Act (415 ILCS 5/42(g) (2004)) at the rate set forth in Section 1003(a)
of the Illinois Income Tax Act (35 ILCS 5/1003(a) (2004)).
6. The Board dismisses the alleged violation of Section 21(p)(7) of the Act (415
ILCS 5/21(p)(7) (2004)) and Wernigk’s petition to contest the administrative
citation.
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
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order. 415 ILCS 5/41(a) (2004);
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 July 21, 2005, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
