ILLINOIS POLLUTION CONTROL BOARD
May 2, 2002
COUNTY OF JACKSON,
Complainant,
v.
ROBERT L. MORGAN d/b/a MORGAN
BUILDERS,
Respondent.
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AC 02-44
(County No. 0778145035)
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by C.A. Manning):
On March 18, 2002, the County of Jackson (County) timely filed an administrative
citation against Robert L. Morgan, d/b/a Morgan Builders (Morgan).
See
415 ILCS 5/31.1(c)
(2000); 35 Ill. Adm. Code 108.202(c). The County alleges that Morgan violated Section
21(p)(3) of the Environmental Protection Act (Act) (415 ILCS 5/21(p)(3) (2000)). The County
further alleges that Morgan violated this provision by causing or allowing the open dumping of
waste in a manner resulting in open burning at a facility known as the Morgan Builders site in
Murphysboro, Jackson County. The administrative citation meets the content requirements of
35 Ill. Adm. Code 108.202(b).
As required, the County served the administrative citation on Morgan 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, Morgan failed to timely file a petition. Accordingly, the
Board finds that Morgan violated Section 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 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.
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ORDER
1. Robert L. Morgan, d/b/a Morgan Builders (Morgan) must pay a civil penalty of
$1,500 no later than June 2, 2002, which is the 30th day after the date of this
order.
2. Morgan must pay the civil penalty by certified check or money order, made
payable to the Jackson County’s Treasurer Office. The number, case name, and
Morgan’s social security number or federal employer identification number must
be included on the certified check or money order.
3. Morgan must send the certified check or money order and the remittance form
to:
Shirley Dillinger Booker
Jackson County Treasurer
Murphysboro, Illinois 62966
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.
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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 May 2, 2002, by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
