ILLINOIS POLLUTION CONTROL BOARD
August 8, 2002
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
LESSLIE YOCUM, SANDRA YOCUM,
RICK L. YOCUM, and SHAWNA B.
YOCUM (BIRMINGHAM YOCUM #1),
Respondents.
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ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
LESSLIE YOCUM and SANDRA YOCUM
(BIRMINGHAM/YOCUM #2),
Respondents.
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AC 01-29
(Administrative Citation)
(IEPA No. 063-01-AC)
AC 01-30
(Administrative Citation)
(IEPA No. 062-01-AC)
(Consolidated)
OPINION AND ORDER OF THE BOARD (by N.J. Melas):
On March 6, 2001, pursuant to Section 31.1(b) of the Environmental Protection Act
(Act) (415 ILCS 5/31.1(b) (2000)), the Illinois Environmental Protection Agency (Agency)
filed an administrative citation against Lesslie Yocum, Sandra Yocum, Rick L. Yocum, and
Shawna B. Yocum (docket AC 01-29). The Agency alleged that respondents were operating
an unpermitted open dump in unincorporated Birmingham, Schuyler County (Yocum #1) in
violation of Sections 21(p)(1) and 21(p)(7) of the Environmental Protection Act (Act). 415
ILCS 5/21(p)(1) and 21(p)(7) (2000)
amended by
P.A. 92-0574, eff. June 26, 2002.
On the same date, the Agency filed an administrative citation against Lesslie Yocum
and Sandra Yocum (docket AC 01-30), alleging that they were also operating an unpermitted
open dump northeast of unincorporated Birmingham, Schuyler County (Yocum #2). The
Agency alleged that the respondents violated Sections 21(p)(1) and 21(p)(7) of the Act at
Yocum #2 as well. 415 ILCS 5/21(p)(1) and 21(p)(7) (2000)
amended by
P.A. 92-0574, eff.
June 26, 2002. The Agency sought a penalty of $1,500 for each alleged violation of the Act at
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both Yocum properties for a total of $6,000. Agency Field Inspector William E. Zierath based
the administrative citations on inspections done January 11, 2001.
On June 6, 2002, the Board entered an interim opinion and order, which it incorporates
here by reference, finding that respondents violated Sections 21(p)(1) and 21(p)(7) of the Act at
both Yocum properties in Schuyler County. The Board found that the Agency and the Board
were entitled to hearing costs under Section 42(b)(4-5) of the Act. 415 ILCS 5/42(b)(4-
5)(2000). The Board directed the Agency and the Clerk of the Board to file affidavits of costs
with the Board and to serve the affidavits upon respondents. The Board granted respondents
14 days from the date of receipt of the affidavits to file a reply to the statements of hearing
costs. The Board stated that it would then issue a final order assigning the statutory penalty
and assessing the appropriate costs.
See
35 Ill. Adm. Code 108.500(b).
On June 12, 2002, the Clerk of the Board filed an affidavit stating that the Board’s
hearing costs were $281.10 and served respondents with the affidavit on the same day by first-
class mail. On June 20, 2002, the Agency filed a statement of hearing costs claiming $69.33
in mileage and clerical costs, and also served respondents on the same day. Respondents did
not respond to either the Clerk’s affidavit or the Agency’s statement of hearing costs.
Accordingly, the Board orders respondents to pay the statutory penalty of $6,000 for
violating Sections 21(p)(3) and 21(p)(7) of the Act (415 ILCS 5/21(p)(3) and 21(p)(7)(2000))
amended by
P.A. 92-0574, eff. June 26, 2002; and to pay Board and Agency hearing costs in
the amount of $281.10 and $69.33, respectively. Pursuant to Section 31.1(d)(2) of the Act
(415 ILCS 5/31.1(d)(2)(2000)), the Board attaches the administrative citation and makes it part
of the order below.
This opinion constitutes the Board’s findings of fact and conclusions of law.
ORDER
1. Respondents must pay a penalty of $6,069.33 ($6,000 in statutory penalty plus
$69.33 in reimbursement to the Agency for hearing costs) no later than
September 7, 2002, which is the 30th day after the date of this order.
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 numbers or federal employer
identification numbers must be included on the certified check or money order.
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
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2. Respondents must also reimburse the Board for hearing costs in the amount of
$281.10 no later that September 7, 2002, which is the 30th day after the date of
this order. Respondents must pay this penalty by certified check or money
order made payable to the General Revenue 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.
Respondents must send the certified check or money order and the remittance
form to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 N. Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
3. 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)).
4. Payment of this penalty does not prevent future prosecution if the violation
continues.
IT IS SO ORDERED.
Board Members T.E. Johnson and G.T. Girard dissented.
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.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the
Board adopted the above opinion and order on August 8, 2002, by a vote of 5-2.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
