ILLINOIS POLLUTION CONTROL BOARD
December 16, 2004
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
JAMES A. HAAS, JR.,
Respondent.
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AC 05-32
(IEPA No. 532-04-AC)
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by J.P. Novak):
On October 22, 2004, the Illinois Environmental Protection Agency (Agency) timely
filed an administrative citation against James A. Haas, Jr.
See
415 ILCS 5/31.1(c) (2002); 35 Ill.
Adm. Code 108.202(c). The Agency alleges that Haas violated Section 21(p)(1) of the
Environmental Protection Act (Act) (415 ILCS 5/21(p)(1) (2002)). The Agency further alleges
that Haas violated this provision on September 1, 2004 by causing or allowing the open dumping
of waste in a manner resulting in litter at a site located on the north side of Davis Road in or near
Mt. Carroll, Carroll 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 Haas 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, Haas failed to timely file a petition. Although Haas filed a petition
for review on December 3, 2004, that filing did not occur on or before November 26, 2004, the
35-day deadline established by the Board’s procedural rules.
See
35 Ill. Adm. Code 108.204(b).
Accordingly, the Board finds that Haas violated Section 21(p)(1) of the Act. 35 Ill. Adm. Code
108.406; 415 ILCS 5/21(p)(1) (2002).
The civil penalty for violating Section 21(p) is $3,000 for a second or subsequent offense.
415 ILCS 5/42(b)(4-5) (2002); 35 Ill. Adm. Code 108.500(a). James Haas, Jr. has previously
violated Section 21(p)(1) of the Act. IEPA v. James Haas, Jr., AC 04-47, slip op. at 1 (April 1,
2004). Because there is one violation of Section 21(p) and because this violation is a subsequent
offense, the total civil penalty is $3,000. 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.
James A. Haas, Jr. must pay a civil penalty of $3,000 no later than January 18,
2005, which is the 30th day after the date of this order.
2.
James A. Haas, Jr. 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 Haas’ social security number or federal employer
identification number must be included on the certified check or money order.
3.
James A. Haas, Jr. 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) (2000)) at the rate
set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
(2000)).
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) (2000);
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
