ILLINOIS POLLUTION CONTROL BOARD
    March 18, 2004
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    KNOX COUNTY LANDFILL COMMITTEE
    and GREG INGLES,
     
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
     
      
    AC 04-40
    (IEPA No. 16-04-AC)
    (Administrative Citation)
     
    OPINION AND ORDER OF THE BOARD (by J.P. Novak):
     
    On January 27, 2004, the Illinois Environmental Protection Agency (Agency) timely filed
    an administrative citation against Knox County Landfill Committee and Greg Ingles.
    See
    415
    ILCS 5/31.1(c) (2002); 35 Ill. Adm. Code 108.202(c). The Agency alleged that Knox County
    Landfill Committee and Greg Ingles violated Section 21(o)(5) and (o)(12) of the Environmental
    Protection Act (Act) (415 ILCS 5/21(o)(5) and (o)(12) (2002)). The Agency further alleges that
    Knox County Landfill Committee and Greg Ingles violated this provision these provisions by
    conducting a sanitary landfill operation in a manner that resulted in (1) uncovered refuse
    remaining from a previous operating day or at the conclusion of an operating day, and (2) failing
    to collect and contain litter from the site by the end of an operating day at Knox County Landfill
    #3, near Wataga, in Knox County.
     
    As required, the Agency served the administrative citation on Knox County Landfill
    Committee and Greg Ingles 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, Knox County Landfill
    Committee and Greg Ingles failed to timely file a petition. Accordingly, the Board finds that
    Knox County Landfill Committee and Greg Ingles violated Section 21(o) 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 two violations of Section
    21(o) and these violations are first subsequent offenses, the total civil penalty is $1,000. 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. Knox County Landfill Committee and Greg Ingles must pay a civil penalty of
    $1,000 no later than April 17, 2003, which is the 30th day after the date of this
    order.
     
    2. Knox County Landfill Committee and Greg Ingles 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 Knox County Landfill
    Committee and Greg Ingles’s social security number or federal employer
    identification number must be included on the certified check or money order.
     
    3. Knox County Landfill Committee and Greg Ingles 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 18, 2004, by a vote of 5-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top