ILLINOIS POLLUTION CONTROL BOARD
December 3,
1992
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC 92—51 (Docket A &
B)
v.
)
(IEPA No.
322—92—AC)
(Administrative Citation)
JOHN McCULLUM and
)
NINA J. McCULLUN
Respondents.
MR. DANIEL P.
MERRIMAN,
ESQ.,
APPEARED ON BEHALF OF THE
COMPLAINANT.
MR. JOHN McCULLUN AND MS. NINA McCULLUN APPEARED PRO SESE.
OPINION AND ORDER OF THE BOARD
(by J.C. Marlin):
This matter comes before the Board upon a settlement agree-
ment on a petition for review of an administrative citation filed
with the Board on June 29,
1992,
by the Illinois Environmental
Protection Agency
(complainant) pursuant to Section 31.1 of the
Environmental Protection Act
(Act)
(Ill.
Rev.
Stat.
1991,
ch.
11l~, pars.
1001,
et seq.).
The administrative citation alleges
violation of Sections 21(p) (1) and
(3)
of the Act.
Section
42(b) (4)
of the Act establishes a civil penalty for each
violation of $500.00, plus any hearing cost incurred by the Board
or the Agency.
The administrative citation named the following persons as
respondents:
John NcCullum and Nina
J. McCu1luma~.
The administrative citation alleges violations of Sections
21(p) (1) and
(3)
of the Act,
which prohibit actions which cause
or allow open dumping of waste in a manner which results
in
litter or open burning.
The citation alleges that the violations took place on May
8,
1992,
at a site,
in Peoria County,
owned by respondents.
The
site is described as Site Code No.
1430400001,
commonly known as
the “Hanna City/McCullum Property”.
Respondent John NcCullum was
1Atthe hearing, respondent indicated that her name was in
fact Nina
N.
McCullurn.
(P.
7.)
0137-0603
2
served at 11501
W.
Farrnington Road,
Hanna C~1ty, IL, which appears
to be the address of the site.
(Site sketch attached to Agency
inspection report.)
Respondent filed a petition for review with the Board on
August
4,
1992.
On October
2,
1992,
a hearing was held in
Peoria, at which the Agency and respondents outlined a settlement
agreement.
The parties agree that the open burning occurred off the
respondents’ property, and that the Section 21(p) (3) allegation
should be dismissed.
However, respondents admit that they caused
or allowed open dumping so as to cause litter in violation of
Section 2l(p)(1)
of the Act, and agree to pay
a fine of five
hundred dollars
($500.00).
The Board accepts the settlement.
The Board finds that
respondents violated Section 21(p) (1)
of the Act by causing or
allowing open dumping so as to cause litter in violation of
Section 21(p)(1)
of the Act on May 8,
1992.
Pursuant to Section
42(b) (4)
of the Act, the Board will assess a civil penalty of
five hundred dollars
($500.00).
For purpose of review, today’s
action
(Docket A)
constitutes the Board’s final action on the
matter of the civil penalty.
Pursuant to Section 42(b)(4)
of the Act, respondents are
also required to pay hearing costs incurred by the Board and the
Agency.
The Clerk of the Board and the Agency will therefore be
ordered to each file a statement of costs,
supported by
affidavit, with the Board and with service upon respondents.
Upon receipt and subsequent appropriate review,
the Board will
issue a separate final order in which the issue of costs
is
addressed.
Additionally, Docket B will be opened to treat all
matters pertinent to the issue of costs.
A copy of the administrative citation will be attached to
this Order, but will not be printed in the Opinion volumes.
This
Opinion constitutes the Board’s findings of facts and conclusions
of law in this matter.
ORDER
1)
The Board finds that respondents John McCullum and Nina
McCullum violated Section 21(p) (1)
of the Environmental
Protection Act
(Act)
(Ill.
Rev.
Stat.
1991,
ch.
111
1/2, par.
1021(p) (1)) by causing or allowing open
dumping so as to cause litter.
2)
It is hereby ordered that,
unless the penalty has
already been paid, within 30 days after the date of
this order, Respondents John NcCullum and Nina NcCullurn
shall,
by certified check or money order payable to the
0137-06O~
3
State of Illinois and designated for deposit into the
Environmental Protection Trust Fund, pay
a penalty in
the amount of five hundred dollars ($500.00),
which is
to be sent to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield,
IL
62706
Respondents shall include the remittance form and write
the case name and number and their social security or
federal employer identification number on the certified
check or money order.
Penalties unpaid after the due date shall accrue
interest pursuant to Section 42(g)
of the Act.
3)
The administrative citation is dismissed with respect
to the allegation of violation of Section 21(p) (3)
of
the Act.
4)
Within
30 days after the date of this order,
the Agency
shall file a statement of its hearing costs, supported
by an affidavit, with the Board and with service upon
respondents.
Within the same
30 days,
the Clerk of the
Board shall file a statement of the Board’s costs,
supported by affidavit and with service upon
respondent.
Such filings shall be entered in Docket B
of this case.
5)
Respondents are given leave to file a reply
or
objection to the filings as ordered
in paragraph
4 of
this order within 45 days after the date of this order.
IT IS SO ORDERED.
Section 41 of the Environmental Protection Act,
Ill. Rev.
Stat.
1991,
ch.
111 1/2,
par.
1041, provides for appeal of final
orders of the Board within 35 days.
The Rules of the Supreme
Court of Illinois establish filing requirements.
(But see also
35
Ill.
Adm. Code 101.246, Motions for Reconsideration,
and
Castenada v.
Illinois Human Rights Commission
(1989),
132 I1l.2d
304,
547 N.E.2d 437.)
Ui
~/-06O5
4
I,
Dorothy N.
Gunn,
Clerk of the Illinois Pollution Control
Board,
hereby certify ithat the above Opinion ~nd Order was
adopted on the
__________
day of
__________________,
1992,
by
a vote of
/
~
/
/
L
1
/
j.-~
~
Dorothy N.
nn,
Clerk,
Illinois P~lution Control Board
0! 37-0606