ILLINOIS POLLUTION CONTROL BOARD
February 7, 2002
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
ENVIRONMENTAL RECLAMATION
COMPANY, an Illinois corporation, and
GENE STACEY,
Respondents.
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AC 02-29
(IEPA No. 534-01-AC)
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by C.A. Manning):
On December 20, 2001, the Illinois Environmental Protection Agency (Agency) timely
filed an administrative citation against Environmental Reclamation Company and Gene Stacey
(respondents).
See
415 ILCS 5/31.1(c) (2000); 35 Ill. Adm. Code 108.202(c). The Agency
alleges that respondents violated Sections 21 (o)(5) and 21(o)(12) of the Environmental
Protection Act (Act) (415 ILCS 5/21(o)(5), (o)(12) (2000)). The Agency further alleges that
respondents violated these provisions by conducting a sanitary landfill operation in a manner
resulting in uncovered refuse from a previous operating day, and failure to collect and contain
litter at the end of the operating day at a facility located south of Riley Stream in Charleston,
Coles 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 respondents 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, respondents failed to timely file a petition. Accordingly, the Board
finds that respondent violated Sections 21(o)(5) and 21(o)(12) of the Act.
The civil penalty for violating Section 21(o) is $500 for each violation. 415 ILCS
5/42(b)(4) (2000); 35 Ill. Adm. Code 108.500(a). Because there are two violations of Section
21(o), the total civil penalty is $1,000. Under Section 31.1(d)(1) of the Act, the Board attaches
the administrative citation and makes it part of the order below.
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ORDER
1. Environmental Reclamation Company and Gene Stacey (respondents) must pay a
civil penalty of $1,000 no later than March 11, 2002, which is the 30th business
day after the date of this order.
2. Respondents 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 respondents’ social security number or federal employer
identification number must be included on the certified check or money order.
3. Respondents 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.
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 February 7, 2002, by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
