ILLINOIS POLLUTION CONTROL BOARD

December 18, 2003

 

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

 

Complainant,

 

v.

 

JERRY SUMMERS,

 

Respondent.

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AC 04-20

(IEPA No. 562-03-AC)

(Administrative Citation)

 

OPINION AND ORDER OF THE BOARD (by J.P. Novak):

 

On October 24, 2003, the Illinois Environmental Protection Agency (Agency) timely

filed an administrative citation against Jerry Summers.

See

415 ILCS 5/31.1(c) (2002); 35 Ill.

Adm. Code 108.202(c). The Agency alleges that Jerry Summers violated Section 21(p)(1) and

(p)(7) of the Environmental Protection Act. 415 ILCS 5/21(p)(1) and (p)(7) (2002). The

Agency further alleges that Jerry Summers 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 at the Southeast Quarter of Section 29, Township 6 North,

Range 1 East of the Third Principal Meridian, in Fayette 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 Jerry Summers 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. Here, Jerry Summers failed to timely file a petition. Accordingly, the

Board finds that Jerry Summers 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).

The Board has previously found Jerry Summers in violation of Section 21(p)(1) and (p)(7) of the

Act in IEPA v. Jerry Summers, AC 03-18 (Mar. 6, 2003). Because there are two violations of

Section 21(p)(1) and (p)(7) and these violations are subsequent offenses, the total civil penalty is

$6,000. Under Section 31.1(d)(1) of the Act, the Board attaches the administrative citation and

makes it part of the order below.

 

This opinion constitutes the Board’s finding of fact and conclusions of law.

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