ILLINOIS POLLUTION CONTROL BOARD
June 3, 2004
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
EDWARD SAPP,
Respondent.
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AC 04-4
(IEPA No. 390-03-AC)
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by N.J. Melas):
On August 5, 2004, the Illinois Environmental Protection Agency (Agency) timely filed
an administrative citation against Mr. Edward Sapp. The Agency alleges that Mr. Sapp violated
Sections 21(p)(1) and (3) of the Environmental Protection Act (Act) (415 ILCS 5/21(p)(1) and
(3) (2002)). The Agency further alleges that Mr. Sapp violated these provisions by causing or
allowing the open dumping of waste in a manner that resulted in litter and open burning at 460
100th Avenue, Athens, Hurlbut Township, Logan County.
On September 8, 2003, Mr. Sapp timely filed a petition to contest the administrative
citation. The Board accepted the petition for hearing on September 18, 2003.
On May 14, 2004, the parties filed a stipulation of settlement and dismissal of
respondent's petition for review. Pursuant to the terms of the stipulation and proposal for
settlement, Mr. Sapp admits liability for the violations alleged in the administrative citation, and
agrees to pay a penalty of $3,000 for the violation of Section 21(p)(1), which was a second
offense.
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415 ILCS 5/21(p)(1) (2002).
To effectuate the parties’ intent that Mr. Sapp pay a total civil penalty of $3,000, the
Board dismisses the alleged violation of Section 21(p)(3). The parties agree that a portion of the
waste that was the subject of this administrative citation has been removed and properly disposed
of. Further, Mr. Sapp no longer has legal access to the property for the purpose of completing
the cleanup.
The Board accepts the stipulation
31.1(d) of the Act (415 ILCS 5/31.1(d) (2002)), the Board finds that Mr. Sapp has violated
Section 21(p)(1) of the Act. 415 ILCS 5/21(p)(1) (2002). Under Section 42(b)(4-5), the statutory
established penalty is $1,500 for a first-time violation and $3,000 for a second or subsequent
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On October 3, 2002, the Board found Edward Sapp in violation of Section 21(p)(1) of the Act
in an administrative citation docketed as AC 03-6.
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violation of the same provision. 415 ILCS 5/42(b)(4-5) (2002). The Board accordingly assesses
a civil penalty of $3,000. The Board notes that the parties' stipulation and proposal for settlement
provides that Mr. Sapp will pay the penalty in eighteen monthly installments of $167
commencing on June 1, 2004. As that is prior to the date of this order, the Board will grant Mr.
Sapp until June 14, 2004, to pay the first installment.
This opinion constitutes the Board's finding of fact and conclusions of law.
ORDER
1. The Board accepts and incorporates by reference the stipulation and proposed
settlement.
2. The Board finds that Mr. Sapp caused or allowed open dumping resulting in litter,
a violation of 415 ILCS 5/21(p)(1) (2002), which was a second offense.
3. Mr. Sapp must pay a civil penalty of $3,000 pursuant to 415 ILCS 5/42(b)(4-5)
(2002). Mr. Sapp must pay the civil penalty in eighteen monthly installments of
$167, the first being due on June 14, 2004; and continuing on the fourteenth of
each month thereafter until paid. Each installment must be made by certified
check or money order, made payable to the Illinois Environmental Protection
Trust Fund. The case number, case name, and Mr. Sapp’s federal employer
identification number must be included on the certified check or money order.
4. Mr. Sapp must send the certified check or money order 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. The Board dismisses the alleged violation of Section 21(p)(3) of the Act. 415
ILCS 5/21(p)(3) (2002).
7. The Board dismisses Mr. Sapp’s petition for review filed on September 8, 2003.
8. The Agency will not refer the violations that are the subject of this administrative
citation to the Office of the Illinois Attorney General or any other prosecuting
authority for the initiation of a criminal or civil action.
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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 June 3, 2004, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
