ILLINOIS POLLUTION CONTROL BOARD
September 15, 2005
COUNTY OF LASALLE,
Complainant,
v.
HARRIET BAUGHER and JOHN
BAUGHER,
Respondents.
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AC 06-2
(Site Code No. 0998205005)
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by J.P. Novak):
On July 25, 2005, the County of LaSalle timely filed an administrative citation against
Harriet Baugher and John Baugher.
See
415 ILCS 5/31.1(c) (2004); 35 Ill. Adm. Code
108.202(c). The County of LaSalle alleged that on June 28, 2005 Harriet Baugher and John
Baugher (Baughers) violated Section 21(p)(1) of the Environmental Protection Act (Act) (415
ILCS 5/21(p)(1) (2004)). The County of LaSalle further alleges that the Baughers violated this
provision by causing or allowing the open dumping of waste in a manner that resulted in litter at
3451 East 25th Road, Marseilles, LaSalle County.
As required, the County of LaSalle served the administrative citation on the Baughers
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
violations 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 August 17, 2005.
The Baughers failed to timely file a petition. Accordingly, the Board finds that the Baughers
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.
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ORDER
1.
The Board finds that the Baughers violated Sections 21(p)(1) of the Act as alleged.
The Baughers must pay a civil penalty of $1,500 no later than October 17, 2005,
which is the first business day after the 30th day after the date of this order.
2.
The Baughers must pay the civil penalty by certified check or money order, made
payable to the LaSalle County Department of Environmental Services and
Development. The case number, case name, and the Baughers’s social security
numbers or federal employer identification number must be included on the
certified check or money order.
3.
The Baughers must send the certified check or money order and the remittance
form to:
LaSalle County Department of Environmental Services and Development
119 West Madison Street, Room 400
Ottawa, Illinois 61350
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.
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) (2004);
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 September 15, 2005, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
