ILLINOIS POLLUTION CONTROL BOARD
January 24, 2002
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
ROBERT WIERSEMA,
Respondent.
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AC 02-25
(IEPA No. 489-01-AC)
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by C.A. Manning):
On December 3, 2001, the Illinois Environmental Protection Agency (Agency) timely
filed an administrative citation against Robert Wiersema (Wiersema).
See
415 ILCS 5/31.1(c)
(2000); 35 Ill. Adm. Code 108.202(c). The Agency alleges that Wiersema violated Sections
21(p)(1), 21(p)(4), and 21(p)(7) of the Environmental Protection Act (Act) (415 ILCS 5/21(p)(1),
(p)(4), (p)(7) (2000)). The Agency further alleges that Wiersema violated these provisions by
causing or allowing the open dumping of waste in a manner resulting in litter, the deposition of
waste in standing or flowing waters, and the deposition of general construction or demolition
debris at his facility located between Claire Boulevard and 135th Street and to the east of
Sacramento Avenue in Robbins, Cook County. The property is commonly known as
Robbins/Windy City Waste and Recycling. The administrative citation meets the content
requirements of 35 Ill. Adm. Code 108.202(b).
As required, the Agency served the administrative citation on Wiersema 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.
In this matter, Wiersema was served with the administrative citation on December 3,
2001, as indicated on the certified mail receipt the Agency filed on December 13, 2001.
Wiersema filed a petition for review received by the Board on January 14, 2002, which the
notice of filing states was mailed on January 10, 2002. Based on the December 3, 2001 service
date, the 35-day appeal period expired on January 7, 2002. Wiersema’s petition was neither
received by the Board nor postmarked on or before January 7, 2002.
See
35 Ill. Adm. Code
101.300(b). Accordingly, the Board finds that Wiersema failed to timely file his petition, and
dismisses the petition for review for lack of jurisdiction. Since no timely appeal was filed, the
Board further finds that Wiersema violated Sections 21(p)(1), (p)(4), and (p)(7) of the Act.
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The civil penalty for violating Section 21(p) of the Act 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) of the Act 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.
ORDER
1. Robert Wiersema’s (Wiersema) petition for review received by the Board on
January 14, 2002 and mailed on January 10, 2002, is dismissed as untimely filed.
Wiersema must pay a civil penalty of $4,500 no later than February 24, 2002,
which is the 30th day after the date of this order.
2. Wiersema 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 Wiersema’s social security number or federal employer
identification number must be included on the certified check or money order.
3. Wiersema 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
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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 January 24, 2002, by a vote of 6-1.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
