ILLINOIS POLLUTION CONTROL BOARD
    March 6, 2003
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    VILLAGE OF METAMORA,
     
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
     
     
     
     
     
    AC 03-17
    (IEPA No. 692-02-AC)
    (Administrative Citation)
     
    OPINION AND ORDER OF THE BOARD (by T.E. Johnson):
     
    On January 7, 2003, the Illinois Environmental Protection Agency (Agency) timely filed
    an administrative citation against the Village of Metamora.
    See
    415 ILCS 5/31.1(c) (2002); 35
    Ill. Adm. Code 108.202(c). The Agency alleges that the Village of Metamora violated Section
    21(p)(1) and (7) of the Environmental Protection Act (Act). 415 ILCS 5/21(p)(1), (7) (2002).
    The Agency further alleges that Stanley violated these provisions by causing or allowing the
    open dumping of waste in a manner resulting in litter and the deposition of general or clean
    construction or demolition debris at the Metamora Water Plant located at 501 Center Street,
    Metamora, Woodford 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 the Village of Metamora
    within “60 days after the date of the observed violation.” 415 ILCS 5/31.1(b) (2002);
    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[s] alleged and impose the corresponding civil penalty. 415 ILCS 31.1(d)(1) (2002); 35
    Ill. Adm. Code 108.204(b), 108.406. Here, the Village of Metamora failed to timely file a
    petition. Accordingly, the Board finds that the Village of Metamora violated Sections 21(p)(1)
    and (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) (2002); 35 Ill. Adm. Code 108.500(a).
    Because there are two violations of Section 21(p) and these violations are first offenses, 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.
     
    2
    ORDER
     
    1. The Village of Metamora must pay a civil penalty of $3,000 no later than April 7,
    2003, which is the first business day following the 30th day after the date of this
    order.
     
    2. The Village of Metamora 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 the Village of Metamora’s social security number or
    federal employer identification number must be included on the certified check or
    money order.
     
    3. The Village of Metamora 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) (2002)) at the rate
    set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
    (2002)).
     
    5. Payment of this penalty does not prevent future prosecution if the violations
    continue.
     
    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) (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
    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.
     
    3
     
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above opinion and order on March 6, 2003, by a vote of 6-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

    Back to top