ILLINOIS POLLUTION CONTROL BOARD
    June 7, 2001
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    IVAN R. SMITH and LOIS SMITH,
     
    Respondents.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
     
     
     
     
     
    AC 01-39
    (IEPA No. 175-01-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by C.A. Manning):
     
    On April 26, 2001, pursuant to Section 31.1(b) of the Environmental Protection Act
    (Act) (415 ILCS 31.1(b) (2000)), the Illinois Environmental Protection Agency issued an
    administrative citation to Ivan R. Smith and Lois Smith. The administrative citation alleges
    that the respondents caused or allowed the open dumping of waste in a manner that resulted in
    litter, open burning, the deposition of waste in standing or flowing waters, and the deposition
    of general and clean construction or demolition debris. These activities were in alleged
    violation of Sections 21(p)(1), (p)(3), (p)(4), and (p)(7) of the Act (415 ILCS 5/21 (p)(1),
    (p)(3), (p)(4), (p)(7) (2000), as amended by Pub. Act 91-72, eff. July 9, 1999). The alleged
    violations occurred at a facility located on Smith Downs Lane approximately one mile north of
    Hatfield Road, Schuyler County, Illinois.
     
    On May 30, 2000, respondents filed a petition for review of the administrative citation
    pursuant to Section 31.1(d). 415 ILCS 31.1(d) (2000). The certificate of service states that
    the petition was mailed on May 26, 2001. The mailbox rule provides that if “a document is
    filed by U.S. Mail subsequent to a filing deadline, yet the postmark precedes the filing
    deadline, the document will be deemed filed on the postmark date.” 35 Ill. Adm. Code
    101.300(b)(2). Since the petition was postmarked prior to the filing deadline, the Board
    accepts this matter for hearing.
      
     
    The Board reminds respondents that, after hearing, any person found to have violated
    the Act as alleged in the administrative citation is liable to pay a penalty under Section 42(b)(4)
    of the Act of $1,500 per violation, as well as any hearing costs incurred by the Board or the
    complainant. 415 ILCS 42(b)(4) (2000).
     
     
    The Board directs that this matter proceed to hearing as expeditiously as practicable.
    The assigned hearing officer must set the matter for hearing in accordance with the
    requirements of the Act and the Board’s procedural rules.
     
    IT IS SO ORDERED.
     
    2
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 7th day of June 2001 by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

    Back to top