ILLINOIS POLLUTION CONTROL BOARD
July 7, 2005
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
RICHARD HOLMES d/b/a RICH’S
TOWING, and LINDA HOLMES,
Respondents.
)
)
)
)
)
)
)
)
)
)
)
AC 05-74
(IEPA No. 143-05-AC)
(Administrative Citation)
ORDER OF THE BOARD (by J.P. Novak):
On May 24, 2005, the Illinois Environmental Protection Agency (Agency) timely filed an
administrative citation against Richard Holmes, doing business as Rich’s Towing, and Linda
Holmes (respondents).
See
415 ILCS 5/31.1(c) (2004); 35 Ill. Adm. Code 108.202(c). The
Agency alleged that on March 30, 2005, respondents violated Section 21(p)(1) of the
Environmental Protection Act (Act) (415 ILCS 5/21(p)(1) (2004)). The Agency further alleges
that respondents violated this provision these provisions by causing or allowing the open
dumping of waste in a manner that resulted in litter at 56 Airport Road, Murphysboro, Jackson
County.
As required, the Agency served the administrative citation on respondents within “60
days after the date of the observed violation.” 415 ILCS 5/31.1(b) (2004);
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 5/31.1(d)(1) (2004); 35 Ill. Adm. Code
108.204(b), 108.406. Here, any petition for review was due on June 27, 2005.
ACCEPT FOR HEARING AS TO LINDA HOLMES
On June 27, 2005, Linda Holmes timely filed a petition to contest the administrative
citation.
See
415 ILCS 5/31.1(d) (2004); 35 Ill. Adm. Code 108.204(b). Linda Holmes alleges
she has no interest, possession, or knowledge in the subject of the administrative citation.
See
35
Ill. Adm. Code 108.206. The Board accepts the petition for hearing.
The Board directs the hearing officer to proceed expeditiously to hearing. The hearing
officer will give the parties at least 21 days written notice of the hearing. 35 Ill. Adm. Code
108.300;
see also
415 ILCS 5/31.1(d)(2) (2004). By contesting the administrative citation, Linda
Holmes may have to pay the hearing costs of the Board and the Agency.
See
415 ILCS
5/42(b)(4-5) (2004); 35 Ill. Adm. Code 108.500. A schedule of the Board’s hearing costs is
2
available at the Board’s offices and on the Board’s Web site at www.ipcb.state.il.us. 35 Ill.
Adm. Code 504.
Linda Holmes may withdraw her petition to contest the administrative citation at any
time before the Board enters its final decision. If Linda Holmes chooses to withdraw her
petition, she must do so in writing, unless she does so orally at hearing.
See
35 Ill. Adm. Code
108.208. If Linda Holmes withdraws her petition after the hearing starts, the Board will require
Linda Holmes to pay the hearing costs of the Board and the Agency.
See id.
at 108.500(c).
The Agency has the burden of proof at hearing.
See
415 ILCS 5/31.1(d)(2) (2004); 35 Ill.
Adm. Code 108.400. If the Board finds that Linda Holmes violated Section 21(p)(1), the Board
will impose civil penalties on Linda Holmes. The civil penalty for violating Section 21(p) is
$1,500 for a first offense and $3,000 for a second or subsequent offense. 415 ILCS 5/42(b)(4-5)
(2004); 35 Ill. Adm. Code 108.500. However, if the Board finds that Linda Holmes “has shown
that the violation resulted from uncontrollable circumstances, the Board shall adopt a final order
which makes no finding of violation and which imposes no penalty.” 415 ILCS 5/31.1(d)(2)
(2004);
see also
35 Ill. Adm. Code 108.500(b).
DEFAULT AS TO RICHARD HOLMES
Richard Holmes failed to timely file a petition. Accordingly, the Board finds that
Richard Holmes violated Section 21(p) of the Act.
The civil penalty for violating Section 21(p) is $1,500 for a first offense and $3,000 for a
second or subsequent offense. 415 ILCS 5/42(b)(4-5) (2004); 35 Ill. Adm. Code 108.500(a).
Because there is one violation of Section 21(p) and this violation is a first offense, the total civil
penalty is $1,500. 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.
ORDER
1. The Board finds that Richard Holmes violated Sections 21(p)(1) of the Act as
alleged. Richard Holmes must pay a civil penalty of $1,500 no later than August
8, 2005, which is the first business day after the 30th day after the date of this
order.
2. Richard Holmes 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 respondents’ social security numbers or federal employer
identification numbers must be included on the certified check or money order.
3. Richard Holmes must send the certified check or money order and the remittance
form to:
3
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) (2004)) at the rate
set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
(2004)).
5.
Payment of this penalty does not prevent future prosecution if the violation
continues.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on July 7, 2005, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
