ILLINOIS POLLUTION CONTROL BOARD
January 10, 2002
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
KIM JOINES,
Respondent.
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AC 02-23
(IEPA No. 440-01-AC)
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by C.A. Manning):
On November 13, 2001, the Illinois Environmental Protection Agency (Agency) timely
filed an administrative citation against Kim Joines (Joines).
See
415 ILCS 5/31.1(c) (2000); 35
Ill. Adm. Code 108.202(c). The Agency alleges that Joines violated Sections 21(p)(1) and
21(p)(3) of the of the Environmental Protection Act (Act) (415 ILCS 5/21(p)(1) and (p)(3)
(2000)). The Agency further alleges that Joines violated these provisions by causing or allowing
the open dumping of waste in a manner resulting in litter and open burning at a facility located
north of County Road 850 North in Section 1, Newman Township, Douglas 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 Joines 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 violations alleged and
impose the corresponding civil penalty. 415 ILCS 31.1(d)(1) (2000); 35 Ill. Adm. Code
108.204(b), 108.406. Here, Joines failed to timely file a petition. Accordingly, the Board finds
that Joines violated Sections 21(p)(1) and 21(p)(3) 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) (2000); 35 Ill. Adm. Code 108.500(a).
Because there are two violations of Section 21(p) and these violations are a first offense, 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.
ORDER
1. Kim Joines (Joines) must pay a civil penalty of $3,000 no later than February 10,
2002, which is the 30th day after the date of this order.
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2. Joines 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 Joines’ social security number or federal employer identification
number must be included on the certified check or money order.
3. Joines 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 violations
continue.
IT IS SO ORDERED.
Board Member G.T. Girard dissented.
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.
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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 January 10, 2002, by a vote of 5-1.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
