ILLINOIS POLLUTION CONTROL BOARD
May 15, 1997
COUNTY OF WILL,
Complainant,
v.
MITCH PINNICK,
Respondent.
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AC 97-17
(Administrative Citation)
DAWN R. UNDERHILL APPEARED ON BEHALF OF COMPLAINANT; MITCH
PINNICK APPEARED
PRO SE.
INTERIM OPINION AND ORDER OF THE BOARD (by K.M. Hennessey):
This matter comes before the Illinois Pollution Control Board (Board) on an
administrative citation filed by the County of Will (County) against respondent Mitch Pinnick
(Pinnick). The administrative citation alleges that on August 22, 1996, Pinnick caused or
allowed open burning and open dumping in a manner that resulted in violations of the Illinois
Environmental Protection Act (Act) (415 ILCS 5/1
et seq
. (1994)) and Board regulations. The
County and Pinnick have reached a settlement agreement, which the Board approves and
incorporates into this order. The Board also orders the Clerk of the Board to file an affidavit
of costs and to serve that affidavit on Pinnick. After review of that affidavit and any response
filed by Pinnick, the Board will enter a final order.
The administrative citation states that Pinnick is the owner or operator of a facility in
Will County, Illinois (the site). (AC at 1.)
1
On August 22, 1996, Will County inspectors
inspected the site and observed open burning and open dumping at the site. In the
administrative citation, the County states that based on this inspection, it determined that on
that date Pinnick caused or allowed open burning and open dumping at the site in a manner that
resulted in: open burning in violation of Sections 9(a), 9(c) and 21(p)(3) of the Act; open
dumping in violation of Sections 21(d)(1) and 21(p)(1) of the Act; the conduct of a waste-
disposal operation in violation of Sections 21(d)(1) and (d)(2) of the Act; open burning of
refuse in violation of Section 21(o)(4) of the Act; and operation of a solid waste management
site without a permit in violation of 35 Ill. Adm. Code 807.201 and 807.202. (AC at 1-2.)
Although the County alleged a total of ten violations in the administrative citation, and Section
42(b)(4) of the Act requires a $500 penalty per violation, the civil penalty section of the
administrative citation provides: “Pursuant to 415 ILCS 5/42(b)(4), Respondent herein is
subject to a civil penalty of One Thousand Dollars ($1000.00) for each violation specified
above in Paragraph (A), open dumping and open burning for a total of $1000.00.” (AC at 2.)
1
The administrative citation is cited as “AC __.”
2
Under Section 31.1 of the Act, Pinnick filed a petition for review with the Board on
October 7, 1996. A hearing on the administrative citation was held on March 4, 1997.
At the hearing, Pinnick and the County
2
entered into a settlement agreement on the
record in which Pinnick admitted to the open burning and open dumping violations. (Tr. at 6-
7.) He further agreed to pay a total penalty of $1,000 for these violations, to be paid in five
equal monthly installments of $200, beginning on March 1, 1997 and ending on July 1, 1997.
(
Id.)
The Board notes that neither the settlement agreement nor the penalty originally
requested in the administrative citation addresses the County’s determination that Pinnick
violated the eight other statutes or regulations listed in paragraph (A) of the administrative
citation. The Board deems those allegations withdrawn.
3
The Board accepts the settlement agreement outlined in the transcript. The attached
order therefore finds that Pinnick has engaged in open burning in violation of Section 21(p)(3)
of the Act and open dumping in violation of Sections 21(p)(1) of the Act. The Board also will
assess Pinnick the statutory penalty of $500 for each violation, for a total penalty of $1000, in
accordance with the settlement agreement.
Although Section 42(b)(4) of the Act provides that the County and the Board are entitled
to have hearing costs assessed against Pinnick if a hearing is held and a finding of violation
results, the settlement agreement does not address hearing costs. Accordingly, the Board will not
award hearing costs to the County. However, the Board will order Pinnick to reimburse the
Board for its hearing costs. Within 14 days of the date of this Order, the Clerk of the Board is
ordered to file with the Board a statement of costs, supported by affidavit, and to serve the
affidavit upon Pinnick. After review of that affidavit and Pinnick’s response, if any, the Board
will issue a final order.
ORDER
1. The Board finds that Pinnick has violated Section 21(p)(3) of the Act (415 ILCS
5/21(p)(3) (1994)) and Section 21(p)(1) of the Act (415 ILCS 5/21(p)(1) (1994)).
2. Within the 14 days of the date of this Order, the Clerk of the Pollution Control Board
shall file a statement of the Board’s costs, supported by affidavit and with service on
Pinnick.
2
The transcript of the March 4, 1997 hearing is cited as “Tr. __.”
3
The Board further notes that the County may enforce only violations of Sections 21(o) and
(p) of the Act in an administrative citation. (See 415 ILCS 5/31.1 (1994).) Therefore, if the
County had not withdrawn these violations, the Board would have stricken all violations based
on statutes other than Sections 21(p) or (o).
3
3. Pinnick is given leave to file a reply to the filing ordered in paragraph 2 of this order
within 14 days of receipt of that information, but in no event later than 40 days after
the date of this Order.
4. No earlier than 40 days after the date of this order, the Board will issue a final order
assessing a statutory penalty of $500 per violation, for a total penalty of $1000, and
awarding appropriate costs.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above interim opinion and order was adopted on the 15
th
day of May, 1997, by a vote of 6-
0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
