ILLINOIS POLLUTION CONTROL BOARD
November 6, 2003
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
LOUIS RUTHERFORD,
Respondent.
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AC 04-3
(IEPA No. 03-AC-2)
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by T.E. Johnson):
On July 28, 2003, the Illinois Environmental Protection Agency (Agency) timely filed an
administrative citation against Louis Rutherford.
See
415 ILCS 5/31.1(c) (2002); 35 Ill. Adm.
Code 108.202(c). At issue is the Agency’s allegation that Louis Rutherford violated Section
21(p)(1) of the Environmental Protection Act (Act). 415 ILCS 5/21(p)(1) (2002). The Agency
further alleges that Louis Rutherford violated this provision by causing or allowing the open
dumping of waste in a manner that resulted in litter. This site is located at 712, 714, 718, and
726 North 11th Street, Springfield, Sangamon County. The administrative citation meets the
content requirements of 35 Ill. Adm. Code 108.202(b).
The administrative citation further alleges that Louis Rutherford violated Section 21(d)(1)
or the Act. 415 ILCS 5/21(d)(1) (2002). The Agency asserts that Louis Rutherford violated this
provision by operating a solid waste management facility without a permit. Section 31.1 of the
Act, however, does not authorize the issuance of an administrative citation for a violation of
Section 21(d)(1). 415 ILCS 5/31.1(a) (2002). The Board strikes those portions of the
administrative citation that relate to an alleged violation of Section 21(d)(1) of the Act.
As required, the Agency served the administrative citation on Louis Rutherford 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 violations
alleged and impose the corresponding civil penalty. 415 ILCS 31.1(d)(1) (2002); 35 Ill. Adm.
Code 108.204(b), 108.406. Here, Louis Rutherford failed to timely file a petition. Accordingly,
the Board finds that Louis Rutherford violated Section 21(p)(1) 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 is one violation of Section 21(p) and this violation is a first offense, the total civil
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penalty is $1,500. 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.
ORDER
1. That portion of the administrative citation relating to violations of Section
21(d)(1) of the Act is hereby stricken.
2. Louis Rutherford must pay a civil penalty of $1,500 no later than December 6,
2003, which is the 30th day after the date of this order.
3. Louis Rutherford 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 Louis Rutherford’s social security number or federal
employer identification number must be included on the certified check or money
order.
4. Louis Rutherford 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
5. 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)).
6. Payment of this penalty does not prevent future prosecution if the violation
continues.
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.
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above opinion and order on November 6, 2003, by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
