ILLINOIS POLLUTION CONTROL BOARD
November 20, 2003
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
RICKEY and JERRY HESS,
Respondents.
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AC 04-11
(IEPA No. 393-03-AC)
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by T.E. Johnson):
On September 10, 2003, the Illinois Environmental Protection Agency (Agency) timely
filed an administrative citation against Rickey and Jerry Hess (respondents).
See
415 ILCS
5/31.1(c) (2002); 35 Ill. Adm. Code 108.202(c). At issue is the Agency’s allegation that the
respondents violated Section 21(p)(1) of the Environmental Protection Act (Act). 415 ILCS
5/21(p)(1) (2002). The Agency further alleges that the respondents violated this provision by
causing or allowing the open dumping of waste in a manner that resulted in litter. This site is
located south of Old Peoria Road and the abandoned railroad tracks, in Bloomington, McLean
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 respondents 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, the respondents failed to timely file a petition. Accordingly, the
Board finds that the respondents violated Section 21(p) 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)(1) and this violation is a first offense, the total
civil 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.
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ORDER
1. The respondents must pay a civil penalty of $1,500 no later than December 22,
2003, which is the first business day following the 30th day after the date of this
order.
2. The respondents 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 respondents’ social security numbers or federal
employer identification number must be included on the certified check or money
order.
3. The respondents 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 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 20, 2003, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
