ILLINOIS POLLUTION CONTROL BOARD
November 7, 2002
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
TERRY and LITISHA SPRINGER,
Respondents.
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AC 02-7
(IEPA No. 390-01-AC)
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by N.J. Melas):
The Illinois Environmental Protection Agency (Agency) timely filed an administrative
citation against Terry and Litisha Springer (Springers) on September 4, 2001, alleging that the
Springers violated Section 21(p)(1) of the Environmental Protection Act (Act) (415 ILCS
5/21(p)(1) (2000))
amended by
P.A. 92-0574, eff. June 26, 2002). The Agency further alleged
that the Springers violated this provision by causing or allowing open dumping of litter on their
property in Godfrey, Jersey County. The Agency sought a penalty of $1,500 for the alleged
violation of the Act. The administrative citation was based on an inspection by Agency Field
Inspector Charles King on July 5, 2001.
On August 8, 2002, the Board entered an interim opinion and order, which it incorporates
here by reference, finding that the Springers violated Section 21(p)(1) of the Act. 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 the Springers.
The Board granted the Springers 14 days from the date of their 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 hearing costs. See. 35 Ill. Adm.
Code 108.500(b).
On August 9, 2002, the Clerk of the Board filed an affidavit stating that the Board’s
hearing costs were $339.70, and served the Springers with the affidavit on the same day by
first–class mail. The Agency did not file a statement of hearing costs until October 4, 2002, at
which time it also filed a motion to file
instanter
and an affidavit of costs. In the statement of
hearing costs, the Agency claimed $53.13 in mileage and clerical costs, and also served the
Springers on the same day. The Springers did not respond to either the Clerk’s affidavit or the
Agency’s statement of hearing costs.
The Board grants the Agency’s motion to file
instanter
and accepts the Agency’s
statement of hearing costs supported by affidavit. Accordingly, the Board orders the Springers to
pay the statutory penalty of $1,500 for violating Section 21(p)(1) of the Act (415 ILCS
2
5/21(p)(1)(2000)
amended by
P.A. 92-0574, eff. June 26, 2002), and to pay the Board and
Agency hearing costs in the amount of $339.70 and $53.13, 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.
The Springers must pay a penalty of $1,553.13 ($1,500 in statutory penalty plus
$53.13 in reimbursement to the Illinois Environmental Protection Agency for
hearing costs) no later than December 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 Springers’ social security numbers or federal
employer identification numbers must be included on the certified check or
money order. The Springers 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
2.
The Springers must also reimburse the Board for hearing costs in the amount of
$339.70 no later that December 7, 2002, which is the 30th day after the date of
this order. The Springers must pay this penalty by certified check or money order
made payable to the General Revenue Fund. The case number, case name, and
the Springers’ social security number or federal employer identification number
must be included on the certified check or money order. The Springers 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
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.
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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.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above opinion and order on November 7, 2002, by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
