ILLINOIS POLLUTION CONTROL BOARD
September 20, 2001
COUNTY OF LASALLE,
Complainant,
v.
MR. and MRS. GARY KEMPIAK,
Respondents.
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AC 02-5
(IEPA 099195001)
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by C.A. Manning):
On August 20, 2001, County of LaSalle (County) timely filed an administrative
citation against Mr. and Mrs. Gary Kempiak (Kempiaks).
See
415 ILCS 5/31.1(c)
(2000); 35 Ill. Adm. Code 108.202(c). The County alleges that the Kempiaks violated
Section 21(p)(1) of the Environmental Protection Act (Act) (415 ILCS 5/21(p)(1)
(2000)). The County further alleges that the Kempiaks violated this provision by causing
or allowing open dumping resulting in litter. The property is located at 3574 East 27th
Road, Miller Township, LaSalle County. The administrative citation meets the content
requirements of 35 Ill. Adm. Code 108.202(b).
As required, County served the administrative citation on the Kempiaks 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 violation alleged and impose the corresponding civil penalty.
415 ILCS 31.1(d)(1) (2000); 35 Ill. Adm. Code 108.204(b), 108.406. Here, the
Kempiaks failed to timely file a petition. Accordingly, the Board finds that the Kempiaks
violated Section 21(p)(1) of the Act.
The civil penalty for violating Section 21(p) is $1500 for a first offense and
$3,000 for a second or subsequent offense. 415 ILCS 5/42(b)(4) (2000); 35 Ill. Adm.
Code 108.500(a). Because there is one violation of Section 21(p) and this violation is a
first offense, the total civil penalty is $1,500. 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. Mr. and Mrs. Gary Kempiak (Kempiaks) must pay a civil penalty of
$1,500 no later than October 20, 2001, which is the 30th day after the date
of this order.
2. The Kempiaks must pay the civil penalty by certified check or money
order, made payable to the LaSalle County Department of Environmental
Services and Land Use. The case number, case name, and the Kempiaks’
social security number or federal employer identification number must be
included on the certified check or money order.
3. The Kempiaks must send the certified check or money order and the
remittance form to:
LaSalle County
Department of Environmental Services and Land Use
119 West Madison Street
Room 400
Ottawa, Illinois 61350
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 this
violation continues.
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) (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 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
above opinion and order was adopted on September 20, 2001, by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
