ILLINOIS POLLUTION CONTROL BOARD
May 16, 2002
OGLE COUNTY,
Complainant,
v.
LOREN AND MARY HART d/b/a
ROLLING MEADOWS MOBILE HOME
PARK and JEFF HART,
Respondents.
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AC 02-49
(County No. 1418210021)
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by C.A. Manning):
On March 29, 2002, the Ogle County (County) timely filed an administrative citation
against Loren and Mary Hart d/b/a Rolling Meadows Mobile Home Park and Jeff Hart
(Harts).
See
415 ILCS 5/31.1(c) (2000); 35 Ill. Adm. Code 108.202(c). The County alleges
that the Harts violated Sections 21(p)(1), (p)(3), and (p)(7) of the Environmental Protection Act
(Act) (415 ILCS 5/21(p)(1), (p)(3), (p)(7) (2000)). The County further alleges that the Harts
violated these provisions by causing or allowing the open dumping of waste in a manner
resulting in litter, open burning, and deposition of construction or demolition debris at a
mobile home park located at 4989 N. US Route 251, Davis Junction, Ogle 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 the Harts 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.
On May 8, 2002, the parties filed a stipulation and proposal for settlement; on May 13,
2002, they filed an amended stipulation. The County agrees to dismiss the alleged violations
of Sections 21(p)(1) and (p)(7) of the Act, and the parties agree that the Harts shall pay a civil
penalty of $1,500 for a violation of Section 21(p)(3). The Board accepts the stipulation and
proposed settlement.
This opinion constitutes the Board’s findings of fact and conclusions of law.
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ORDER
1. The Board accepts and incorporates by reference the stipulation and proposed
settlement. The alleged violations of Sections 21(p)(1) and (p)(7) of the Act are
dismissed at the County’s request.
2. Pursuant to the stipulated agreement, the Board finds that Loren and Mary Hart
d/b/a Rolling Meadows Trailer Park and Jeff Hart (Harts) violated Section
21(p)(3) of the Act, and must pay a civil penalty of $1,500 no later than June 3,
2002.
3. The Harts must pay the civil penalty by certified check or money order, made
payable to the Ogle County Solid Waste Fund. The number, case name, and the
Harts’ social security numbers or federal employer identification numbers must
be included on the certified check or money order.
4. The Harts must send the certified check or money order and the remittance form
to:
Ogle County Treasurer’s Office
Ogle County Courthouse
Oregon, Illinois 61061
5. 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)).
6. 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 May 16, 2002, by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
