ILLINOIS POLLUTION CONTROL BOARD
September 5, 2002
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
TONY LUTTRELL,
Respondent.
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AC 03-1
(IEPA No. 311-02-AC)
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by C.A. Manning):
On July 18, 2002, the Illinois Environmental Protection Agency (Agency) timely filed
an administrative citation against Tony Luttrell (Luttrell).
See
415 ILCS 5/31.1(c) (2000); 35
Ill. Adm. Code 108.202(c). The Agency alleges that Luttrell violated Section 21(p)(7) of the
Environmental Protection Act (Act) (415 ILCS 5/21(p)(7) (2000)
as amended by
P.A. 92-
0574, eff. June 26, 2002). The Agency further alleges that Luttrell violated this provision by
causing or allowing the open dumping of waste in a manner resulting in the deposition of
construction or demolition debris at a facility located northeast of Xenia at approximate
coordinates 360N and 360E in Clay 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 Luttrell 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, Luttrell failed to timely file a petition. Accordingly, the
Board finds that Luttrell violated Section 21(p)(7) 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).
On May 2, 2002, the Board found that Luttrell had violated Sections 21(p)(1) and (p)(7) of the
Act.
See
IEPA v. Luttrell, AC 02-48 (May 2, 2002). Because Luttrell has again violated
Section 21(p)(7) of the Act, and this violation is a second or subsequent offense, the total civil
penalty is $3,000. Under Section 31.1(d)(1) of the Act, the Board attaches the administrative
citation and makes it part of the order below.
This opinion constitutes the Board’s finding of fact and conclusions of law.
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ORDER
1. Tony Luttrell (Luttrell) must pay a civil penalty of $3,000 no later than
October 5, 2002.
2. Luttrell 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 Luttrell’s social security number or federal employer
identification number must be included on the certified check or money order.
3. Luttrell 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 September 5, 2002, by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
