ILLINOIS POLLUTION CONTROL BOARD
December 18, 2003
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
CHRISTOPHER COLEMAN,
Respondent.
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AC 04-19
(IEPA No. 583-03-AC)
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by T.E. Johnson):
otection Agency (Agency) timely filed an
administrative citation against Christopher Coleman.
See
415 ILCS 5/31.1(c) (2002); 35 Ill. Adm.
Code 108.202(c). The Agency alleges that Christopher Coleman violated Section 21(p)(1) and (p)(7)
of the Environmental Protection Act (Act). 415 ILCS 5/21(p)(1) and (p)(7) (2002). The Agency
further alleges that Christopher Coleman violated these provisions by causing or allowing the open
dumping of waste in a manner that resulted in litter and causing or allowing the open dumping of waste
in a manner that resulted in accumulation of clean or general construction or demolition debris. This
site is located northwest of the intersection of Route 127 and Main Street, Alto Pass, Union 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 Christopher Coleman within “60
days after the date of the observed violation.” 415 ILCS 5/31.1(b) (2002);
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) (2002); 35 Ill. Adm. Code 108.204(b), 108.406.
Christopher Coleman filed his challenge to the administrative citation on December 8, 2003,
postmarked December 3, 2003. The postmark date of the challenge was 40 days after the Agency
served the administrative citation on October 24, 2003. Thus, Christopher Coleman failed to timely file
a petition within the 35 days allowed by law. Accordingly, the Board finds that Christopher Coleman
violated Section 21(p) 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) (2002); 35 Ill. Adm. Code 108.500(a). Because there
are two violation of Section 21(p)(1) and (p)(7) and these violations are first offenses, the total civil
penalty is $3,000. 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. Christopher Coleman must pay a civil penalty of $3,000 no later than
January 17, 2004, which is the 30th day after the date of this order.
2. Christopher Coleman 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 Christopher Coleman’s social
security number or federal employer identification number must be
included on the certified check or money order.
3. Christopher Coleman 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
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) (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 December 18, 2003, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
