ILLINOIS POLLUTION CONTROL BOARD
May 2, 2002
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
JAMES H. HENDRICKS, JOSEPH L.
HENDRICKS, JEFFREY HENDRICKS, and
HENDRICKS HOME FURNISHING, INC.,
Respondents.
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AC 02-47
(IEPA No. 109-02-AC)
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by C.A. Manning):
On March 21, 2002, the Illinois Environmental Protection Agency (Agency) timely
filed an administrative citation against James H. Hendricks, Joseph L. Hendricks, Jeffrey
Hendricks and Hendricks Home Furnishing (the Hendricks).
See
415 ILCS 5/31.1(c) (2000);
35 Ill. Adm. Code 108.202(c). The Agency alleges that the Hendricks violated Section
21(p)(1) of the Environmental Protection Act (Act) (415 ILCS 5/21(p)(1) (2000)). The
Agency further alleges that the Hendricks violated this provision by causing or allowing the
open dumping of waste in a manner resulting in litter at a facility located west of Route 4 at the
south end of Church Street, Virden, Macoupin 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 Hendricks 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 Hendricks failed to timely file a petition. Accordingly,
the Board finds that Hendricks violated Section 21(p)(1) 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. James H. Hendricks, Joseph L. Hendricks, Jeffrey Hendricks and Hendricks
Home Furnishing (the Hendricks) 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. The Hendricks 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 Hendricks’ social security number or federal
employer identification number must be included on the certified check or
money order.
3. Hendricks 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.
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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
