ILLINOIS POLLUTION CONTROL BOARD
    July 8, 2004
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    DAN CADWALLADER,
     
    Respondent.
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    AC 03-13
    (IEPA No. 565-02-AC)
    (Administrative Citation)
    MICHELLE RYAN, SPECIAL ASSISTANT
      
    JOHN GRIVETTI APPEARED ON BEHALF OF RESPONDENT.
     
    OPINION AND ORDER OF THE BOARD (by A.S. Moore):
     
    Having received documentation of hearing costs in this administrative citation
    enforcement action, the Board today issues its final opinion and order. On May 20, 2004, the
    Board issued an interim opinion and order, finding that respondent Dan Cadwallader violated
    Section 21(p)(1) of the Environmental Protection Act (Act) (415 ILCS 5/21(p)(1) (2002)) at a
    site in Granville, Putnam County. The Board held that Mr. Cadwallader caused or allowed the
    open dumping of waste resulting in litter, as alleged in an administrative citation issued by the
    Illinois Environmental Protection Agency (Agency).
     
    In its May 20, 2004 decision, after the Board found the violation, the Board held that
    under Section 42(b)(4-5) of the Act (415 ILCS 5/42(b)(4-5) (2002)), Mr. Cadwallader was
    subject to the statutorily-fixed $1,500 civil penalty. In addition, the Board held that Mr.
    Cadwallader, by unsuccessfully contesting the administrative citation at hearing, also must pay
    the hearing costs of the Agency and the Board. The hearing in this case was held on October 29,
    2003, at the Putnam County Courthouse in Hennepin.
     
    Because no information on hearing costs was in the record, the Board directed the
    Agency and the Clerk of the Board each to file documentation of the respective hearing costs,
    supported by affidavit, and to serve the filing on Mr. Cadwallader.
     
    The Board also gave Mr.
    Cadwallader an opportunity to respond to the requests for hearing costs and noted that after the
    time periods for these filings had run, the Board would issue a final opinion and order assessing
    the civil penalty and any appropriate hearing costs.
     
    On June 10, 2004, the Board received the Agency’s statement of hearing costs, supported
    by affidavit, which the Agency served on Mr. Cadwallader. The Agency’s hearing costs total
    $125.04, consisting of mileage and clerical costs. On May 25, 2004, the Clerk of the Board
     
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    submitted an affidavit of the Board’s hearing costs totaling $259.25, the entirety of which
    reflects the costs of court reporting. The Clerk served this documentation on Mr. Cadwallader,
    who did not respond to either the Agency’s statement of hearing costs or the Clerk’s affidavit.
     
    The Board finds the hearing costs of the Agency and the Board reasonable and below
    orders Mr. Cadwallader to pay those costs under Section 42(b)(4-5) of the Act. The Board
    incorporates by reference the findings of fact and conclusions of law from its May 20, 2004
    interim opinion and order. Under Section 31.1(d)(2) of the Act (415 ILCS 5/31.1(d)(2) (2002)),
    the Board attaches the administrative citation and makes it part of the Board’s final order below.
    This opinion constitutes the Board’s findings of fact and conclusions of law.
     
    ORDER
     
    1. The Board finds that Mr. Cadwallader violated Section 21(p)(1) of the Act (415
    ILCS 5/21(p)(1) (2002)) by causing or allowing the open dumping of waste
    resulting in litter.
     
    2. The Board assesses the statutory civil penalty of $1,500 for the violation, as well
    as hearing costs totaling $384.29, for a total amount due of $1,884.29. Mr.
    Cadwallader must pay $1,884.29 no later than August 23, 2004, which is the first
    business day following the 45th day after the date of this order. Mr. Cadwallader
    must pay this amount by certified check or money order, made payable to the
    Illinois Environmental Protection Trust Fund. The case number, case name, and
    Mr. Cadwallader’s social security number or federal employer identification
    number must be included on the certified check or money order.
     
    3. Mr. Cadwallader 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
     
    4. Penalties unpaid within the time prescribed will accrue interest under Section
    42(g) of the 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.
     
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    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 8, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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