ILLINOIS POLLUTION CONTROL BOARD
December 6, 2001
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
TERRY and LATISHA SPRINGER,
Respondents.
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AC 02-7
(IEPA No. 390-01-AC)
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by N.J. Melas):
On September 4, 2001, the Illinois Environmental Protection Agency (Agency) timely
filed an administrative citation against Terry and Latisha Springer (Springers).
See
415 ILCS
5/31.1(c) (2000); 35 Ill. Adm. Code 108.202(c). The Agency alleges that the Springers violated
Section 21(p)(1) of the Environmental Protection Act (Act) (415 ILCS 5/21(p)(1) (2000)). The
Agency further alleges that the Springers violated this provision by causing or allowing open
dumping at a facility in Jersey 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 the Springers 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 5/31.1(d)(1) (2000); 35 Ill. Adm. Code
108.204(b), 108.406.
Here, the Springers filed a petition on October 11, 2001. On October 18, 2001, the Board
issued an order in which it found that the Springers’ petition failed to meet several of the
requirements of Parts 101 and 108 of the Board’s procedural regulations. 35 Ill. Adm. Code 101,
108. Specifically, the Springers failed to include a notice of filing and certificate of service in
their petition. The Springers also failed to sign their petition. The Board gave the Springers
until November 22, 2001, to file an amended petition correcting these deficiencies. The Board
said that it could issue a default order if the Springers failed to file an amended petition by
November 22. The Springers failed to file an amended petition by the deadline. Accordingly,
the Board finds that the Springers violated Section 21(p)(1) of the Act.
The civil penalty for violating Section 21(p)(1) of the Act is $1,500 for a first offense.
415 ILCS 5/42(b)(4-5) (2000); 35 Ill. Adm. Code 108.500(a). Because there is a violation of
Section 21(p) and this violation is a first offense, the total civil penalty is $1,500. Under Section
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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.
ORDER
1. Respondents Terry and Latisha Springer (Springers) must pay a civil penalty of
$1,500 no later than January 5, 2002, which is the 30th day after the date of this
order.
2. The Springers 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 the Springers’ social security numbers must be included on the
certified check or money order.
3. The Springers 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 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 Board
adopted the above opinion and order on December 6, 2001, by a vote of 5-0.
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Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
