ILLINOIS POLLUTION CONTROL BOARD
December 16, 2004
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
CHRISTOPHER COLEMAN,
Respondent.
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AC 04-46
(IEPA No. 35-04-AC)
(Administrative Citation)
MICHELLE RYAN APEARED ON BEHALF OF THE ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY; and
CHRISTOPHER COLEMAN APPEARED
PRO SE.
OPINION AND ORDER OF THE BOARD (by J.P. Novak):
Having received documentation of hearing
final opinion and order. On November 4, 2004,
finding that the respondent, Christopher Coleman,
Environmental Protection Act (Act) (415 ILCS
County. The Board held that Mr.
ste resulting in litter a
nd in the deposition of
In its November 4, 2004 interim order and opinion, the Board after finding the violations
also held that, under Section 42(b)(4-5) of the Act (415 ILCS 5/42(b)(4-5) (2002)), Mr. Coleman
is subject to the $3,000 statutory penalty. The Board also held that Mr. Coleman, by
unsuccessfully contesting the administrative citation at hearing, must also pay the hearing costs
of the Agency and the Board. The hearing in this case was held September 15, 2004 at the
Union County Courthouse in Jonesboro.
Because the record contained no information on hearing costs, the Board directed the
Clerk of the Board and the Agency each to file documentation supported by an affidavit of their
respective hearing costs and to serve that filing on Mr. Coleman. The Board also gave Mr.
Coleman an opportunity to respond to the requests for hearing costs and noted that, after the
deadline for these filings had passed, the Board would issue a final opinion and order assessing
the civil penalty and any appropriate hearing costs.
On November 9, 2004, the Clerk of the Board submitted an affidavit of the Board’s
hearing costs of $112.80, reflecting the expense of court reporting services. On November 19,
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2004, the Board received the Agency’s statement of hearing costs, supported by an affidavit.
The Agency’s hearing costs total $205.25, consisting of both mileage and estimated clerical fees.
On November 29, 2004, the Agency filed a corrected Notice of Filing for Complainant’s
Statement of Hearing Costs, which in no way changed the amount of costs claimed by the
Agency in either its previously filed affidavit or statement. Although both the Clerk and the
Agency served this documentation on Mr. Coleman, he did not respond to either statement.
The Board finds that the hearing costs of the Agency and the Board are reasonable and
below orders Mr. Coleman 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 November 4, 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. Coleman violated Sections 21(p)(1) and 21(p)(7) of the
Act (415 ILCS 5/21(p)(1) and (p)(7) (2002)) by causing or allowing the open
dumping of waste resulting in litter and in the deposition of general construction
or demolition debris.
2. The Board assesses the statutory penalty of $3,000 for the violations, as well as
hearing costs totaling $318.05, for a total amount due of $3,318.05. Mr. Coleman
must pay $3,318.05 no later than January 31, 2005, which is the first business day
following the 45th day after the date of this order. Mr. Coleman 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.
Coleman’s social security number or federal employer identification number must
be included on the certified check or money order.
3. Mr. Coleman 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 violations
continue.
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IT IS SO ORDERED.
Section 41(a) of the 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 December 16, 2004, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
