ILLINOIS POLLUTION CONTROL BOARD
August 18, 2005
COUNTY OF KANKAKEE,
Complainant,
v.
SOUTH HOLLAND TRUST & SAVINGS
BANK TRUST #10897 and JOHN and ELLA
HALL,
Respondents.
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AC 05-80
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
On June 27, 2005, the County of Kankakee timely filed an administrative citation against
South Holland Trust & Savings Bank Trust #10897 (South Holland Trust & Savings) and John
and Ella Hall (collectively, respondents).
See
415 ILCS 5/31.1(c) (2004); 35 Ill. Adm. Code
108.202(c). The County of Kankakee alleges that on May 2, 2005 the respondents violated
Sections 21(p)(1) and (p)(3) of the Environmental Protection Act (Act) (415 ILCS 5/21(p)(1) and
(p)(3) (2004)). The County of Kankakee further alleges that the respondents violated these
provisions by causing or allowing the open dumping of waste in a manner that resulted in: (1)
litter; and (2) open burning at 14805 East Route 114, Momence, Kankakee County. The alleged
violations were observed during a May 2, 2005 inspection of the respondents’ property by
county inspector Donna Shehane.
Proof of service shows both the Halls and the South Holland Trust & Savings were
served with the administrative citation 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 respondents must file a petition with the Board no later than 35 days after being served
with the administrative citation. If the respondents fail to do so, the Board must find that the
respondents committed the violations alleged and impose the corresponding civil penalty. 415
ILCS 31.1(d)(1) (2004); 35 Ill. Adm. Code 108.204(b), 108.406. If the Board finds that
respondents have committed the violations alleged and impose the corresponding civil penalty,
the respondents are jointly and severally liable for the civil penalty.
See
IEPA v. J&T Recycling
and John A. Gordon, AC 01-12 (Jan. 18, 2001).
DEFAULT AGAINST SOUTH HOLLAND TRUST & SAVINGS
Here, South Holland Trust & Savings failed to timely file a petition. With the failure to
file a petition, the Board finds that South Holland Trust & Savings has defaulted.
See
35 Ill.
Adm. Code 108.404, 108.406. Accordingly, the Board finds that the South Holland Trust &
Savings violated Sections 21(p)(1) and (p)(3) of the Act. 415 ILCS 5/21(p)(1, (p)(3) (2004).
The civil penalty for violating Section 21(p) is $1,500 for a first offense and $3,000 for a second
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or subsequent offense. 415 ILCS 5/42(b)(4-5) (2004); 35 Ill. Adm. Code 108.500(a). Because
there are 2 violations of Section 21(p) and these violations are first offenses, the total civil
penalty is $3,000. The Board withholds issuing a final appealable order concerning South
Holland & Trust until making a final decision regarding Mr. and Mrs. Hall.
See
IEPA v.
Logsdon,
et al
., AC 05-54 (Apr. 21, 2005); citing IEPA v. Ray, AC 04-57 (Jun. 17, 2004).
ACCEPT MR. HALL’S PETITION FOR HEARING
On the other hand, John R. Hall, Jr. timely filed a petition to contest the administrative
citation on July, 27, 2005.
See
415 ILCS 5/31.1(d) (2004); 35 Ill. Adm. Code 108.204(b). Mr.
Hall alleges that he is disabled and that his son and two step-daughters took it upon themselves
to clean the yard by burning the debris in the yard.
See
35 Ill. Adm. Code 108.206. The Board
accepts the Mr. Hall’s 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, John
R. Hall Jr. may have to pay the hearing costs of the Board and the County of Kankakee.
See
415
ILCS 5/42(b)(4-5) (2004); 35 Ill. Adm. Code 108.500. A schedule of the Board’s hearing costs
is available at the Board’s offices and on the Board’s Web site at www.ipcb.state.il.us. 35 Ill.
Adm. Code 504.
Mr. Hall may withdraw his petition to contest the administrative citation at any time
before the Board enters its final decision. If Mr. Hall chooses to withdraw his petition, he must
do so in writing, unless he does so orally at hearing.
See
35 Ill. Adm. Code 108.208. If Mr. Hall
withdraws his petition after the hearing starts, the Board will require Mr. Hall to pay the hearing
costs of the Board and the County of Kankakee.
See id.
at 108.500(c).
The County of Kankakee 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 Mr. Hall violated Section 21(p)(1)
and (p)(3), the Board will impose civil penalties on Mr. Hall 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 Mr. Hall
Jr. “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).
CONCLUSION
In today’s order the Board accepts for hearing the petition of Mr. Hall. The Board also
finds that South Holland Trust & Savings has defaulted by failing to timely file a petition to
contest the administrative citation. Accordingly, the Board further finds that South Holland
Trust & Savings violated the Act as alleged, but withholds issuing its final order on South
Holland Trust & Savings until the Board makes its final decision regarding the Halls. The Board
will also amend the caption of future filings to reflect the remaining respondents: Mr. and Mrs.
Hall.
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IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above opinion and order on August 18, 2005, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
