ILLINOIS POLLUTION CONTROL BOARD
January 23, 2003
PEOPLE OF THE STATE OF ILLINOIS, )
)
Complainant, )
)
v. ) PCB 01-135
) (Enforcement – Land)
PATRICK ROBERT LAND TRUST, )
)
Respondent. )
SALLY A. CARTER., ASSISTANT ATTORNEY GENERAL, OFFICE OF THE ATTORNEY
GENERAL, APPEARED ON BEHALF OF COMPLAINANT
OPINION AND ORDER OF THE BOARD (by M.E. Tristano):
Today, the Board issues its final order in this case. The Board orders Patrick Robert
Land Trust to reimburse the Office of the Attorney General, on behalf of the People of the State
of Illinois (People), for reasonable attorney fees incurred during the litigation of this enforcement
case. Previously, the Board held that Patrick Robert Land Trust must pay $12,000 for violating
numerous provisions of the Environmental Protection Act (Act) and Board regulations.
The Board exercises its discretion and awards the People $2,730 in reimbursement of
costs and attorney fees. Before turning to the Board’s assessment of the People’s petition for
costs and attorney fees, the Board summarizes its prior decisions in this case.
SUMMARY OF THE BOARD’S PRIOR DECISIONS
On April 3, 2001 the People filed a complaint against Respondent for violating the
Environmental Protection Act and Board regulations at its facility, known as the Old Weaver
Landfill. This landfill is located in Washington Township, Tazewell County. The complaint
alleged that the respondent caused or allowed the open dumping of waste resulting in litter;
caused, allowed, or threatened the discharge of contaminants into the environment so as to cause
or tend to cause water pollution; and lacked a permit from the Illinois Environmental Protection
Agency (Agency) to conduct a waste storage, treatment, or disposal facility.
On April 4, 2002, the Board granted summary judgment in favor of complainant and sent
the case to hearing on the issue of penalties. On July 12, 2002, a hearing was held on the issue of
penalties. In a September 19, 2002, interim opinion and order, after review of the July 12, 2002
hearing record and briefs, the Board ordered respondent to pay a penalty in the amount of
$12,000. Additionally, the Board found that an award of attorney fees to complainant would be
appropriate, and directed complainant to file an affidavit of costs.
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The People’s November 1, 2002 petition for attorney fees and accompanying affidavit are
now before the Board. William LeRoy filed a response on November 8, 2002.
COSTS AND ATTORNEY FEES
The People request $2,730 in attorney fees pursuant to Section 42(f) of the Act (415
ILCS 5/42(f) (2002)), which provides in part:
Without limiting any other authority which may exist for the awarding of
attorney’s fees and costs, the Board or a court of competent jurisdiction may
award costs and reasonable attorney fees, including the reasonable costs of expert
witnesses and consultants, to the State’s Attorney or the Attorney General in case
where he has prevailed against a person who has committed a willful, knowing or
repeated violation of the Act. 415 ILCS 5/42(f) (2002).
The People request $2,730 in attorney fees, calculated at 22.75 hours at $120 per hour.
The requested fees are supported by affidavits. Mr. LeRoy argues that the People wasted 22.75
attorney hours harassing and persecuting Patrick Robert Land Trust.
In paragraph 3 of the September 19, 2002 interim opinion and order, the Board stated that
it would strike any response not filed by an attorney. As discussed in that opinion at page 3, Mr.
LeRoy is not an attorney. Consequently, his November 8, 2002 filing is stricken.
The Board has held that the hourly rate of the People’s attorney fees is reasonable.
People v. Panhandle Eastern Pipe Line Co., PCB 99-191, slip op. at 37 (Nov. 15, 2001).
Consequently, the Board finds that the People are entitled to $2,730 in attorney fees as requested.
Under Section 42(f), Patrick Robert Land Trust must pay these attorney fees to the Hazardous
Waste Fund.
See
415 ILCS 5/42(f) (2002).
CONCLUSION
Patrick Robert Land Trust’s infractions of the Act and Board regulations included
causing or allowing the open dumping of waste resulting in litter; causing, allowing, or
threatening the discharge of contaminants into the environment so as to cause or tend to cause
water pollution; and lacking a permit from the Agency to conduct a waste storage, treatment, or
disposal facility. Furthermore, respondent knowingly committed these violations.
Consequently, the Board orders Patrick Robert Land Trust to cease and desist further
violations of the Act and Board regulations and to pay a civil penalty of $12,000. The Board
awards the People $2,730 in attorney fees.
In this final opinion and order, the Board incorporates the findings of fact and
conclusions of law from its September 19, 2002 interim opinion and order.
This opinion constitutes the Board’s findings of fact and conclusions of law.
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ORDER
1. Patrick Robert Land Trust violated Section 12(a), 21(a), (d) and (p) of the Act
(415 ILCS 5/12(a), 21(a), (d), (p) (2002)) and Section 812.101(a) of the Board’s
regulations (35 Ill. Adm. Code 812.101(a)).
2. Patrick Robert Land Trust must cease and desist from further violations.
3. Patrick Robert Land Trust must pay a civil penalty of $12,000 for committing
violations of the Act and Board regulations.
4. The Board grants the People’s petition for attorney fees in the amount of $2,730.
5. No later than February 24, 2003, which is 30 days after the date of this order,
Patrick Robert Land Trust must pay $12,000 in civil penalties and $2,730 in
attorney fees of the People of the State of Illinois. Patrick Robert Land Trust
must pay the civil penalty by certified check or money order, payable to the
Environmental Protection Trust Fund. Patrick Robert Land Trust must pay the
attorney fees by certified check or money order, payable to the Hazardous Waste
Fund. The case number, case name, and Patrick Robert Land Trust’s social
security number or federal employer identification number must be included on
each certified check or money order.
6. Patrick Robert Land Trust must send each certified check or money order to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
7 Penalties unpaid within the time prescribed will accrue interest under Section
42(g) of the Act (415 ILCS 5/42(g) (2002)) at the rate set forth in Section 1003(a)
of the Illinois Income Tax Act (35 ILCS 5/1003(a)(2002)).
IT IS SO ORDERED.
Board Member W.A. Marovitz 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) (2002); 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
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orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code
101.502; 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 January 23, 2003, by a vote of 5-1.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
