ILLINOIS POLLUTION CONTROL BOARD
    July 10, 2003
     
    COUNTY OF VERMILION,
     
    Complainant,
     
    v.
     
    BRICKYARD DISPOSAL AND
    RECYCLING, INC.,
     
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
     
    AC 03-31
    (County File No. 03-01)
    (Administrative Citation)
    OPINION AND ORDER OF THE BOARD (by T.E. Johnson):
     
    On May 22, 2003, County of Vermilion (Vermilion County) timely filed an
    administrative citation against Brickyard Disposal and Recycling, Inc. (Brickyard).
    See
    415
    ILCS 5/31.1(c) (2002); 35 Ill. Adm. Code 108.202(c). Vermilion County alleges that Brickyard
    violated Section 21(o)(4) of the Environmental Protection Act. 415 ILCS 5/21(o)(4) (2002).
    Vermilion County further alleges that Brickyard violated this provision by conducting a sanitary
    landfill operation in a manner that resulted in uncovered refuse remaining from a previous
    operating day at 601 East Brickyard Road, Danville, Vermilion County. The administrative
    citation meets the content requirements of 35 Ill. Adm. Code 108.202(b).
     
    The administrative citation, as filed, also included a “violation B” that alleged a violation
    of 35 Ill. Adm. Code 811.311(d)(2), pertaining to design and operation of a gas collection
    system. By a June 20, 2003 motion to strike, Vermilion County states that it incorrectly included
    violation B in the administrative citation. The Board therefore strikes “violation B” from the
    administrative citation.
    See
    35 Ill. Adm. Code 101.500.
     
    As required, Vermilion County served the administrative citation on Brickyard 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
    alleged and impose the corresponding civil penalty. 415 ILCS 31.1(d)(1) (2002); 35 Ill. Adm.
    Code 108.204(b), 108.406. Here, Brickyard failed to timely file a petition. Accordingly, the
    Board finds that Brickyard violated Section 21(o)(4) of the Act.
     
    The civil penalty for violating Section 21(o) is $500 for each violation. 415 ILCS
    5/42(b)(4) (2002); 35 Ill. Adm. Code 108.500(a). Because there is one violation of Section
    21(o)(4) and this violation is a first offense, the total civil penalty is $500. Under Section
    31.1(d)(1) of the Act, the Board attaches the administrative citation and makes it part of the order
    below.
     
     
    2
    This opinion constitutes the Board’s finding of fact and conclusions of law.
     
    ORDER
     
    1. Brickyard must pay a civil penalty of $500 no later than August 9, 2003, which is
    the 30th day after the date of this order.
     
    2. Brickyard must pay the civil penalty by certified check or money order, made
    payable to the County of Vermilion, Illinois. The case number, case name, and
    Brickyard’s social security number or federal employer identification number
    must be included on the certified check or money order.
     
    3. Brickyard must send the certified check or money order and the remittance form
    to:
     
    Vermilion County Health Department
    200 South College Street
    Danville, Illinois 61832
     
    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.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above opinion and order on July 10, 2003, by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top