ILLINOIS POLLUTION CONTROL BOARD
November 17, 2005
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
ROBERT DANIEL SPEARS,
Respondents.
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AC 05-52
(IEPA No. 9-05-AC)
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by T.E. Johnson):
On February 3, 2005, the Illinois Environmental Protection Agency (Agency) timely filed
an administrative citation against Robert Daniel Spears (Spears).
See
415 ILCS 5/31.1(c)
(2004); 35 Ill. Adm. Code 108.202(c). The Agency alleges that on December 15, 2004, Robert
Daniel Spears violated Section 21(p)(1) and (p)(3) of the Environmental Protection Act (Act)
(415 ILCS 5/21(p)(1) and (p)(3) (2004)). The Agency further alleges that Robert Daniel Spears
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 4791 U.S. Highway 67, Beardstown, Cass County.
On February 24, 2005, Spears timely filed a petition to contest the administrative citation.
Spears alleges that he vacated the property on November 6, 2004, when his ex-wife took over
and occupied the property. The Board accepted the petitions for hearing on March 3, 2005.
On November 2, 2005, the parties filed a stipulation of settlement and dismissal of
Spears’ petition for review. Pursuant to the terms of the stipulation and proposal for settlement,
Spears admits he caused or allowed open dumping resulting in litter, and agrees to pay a civil
penalty of $1,500.
The parties agree that the waste located at the site that was the subject of the
administrative citation has been removed and properly disposed.
The Board accepts the stipulation and proposal for settlement. Pursuant to Section
31.1(d) of the Act (415 ILCS 5/31.1(d) (2004), the Board finds that Spears has violated Section
21(p)(1) of the Act. 415 ILCS 5/21(p)(1) (2004). Under Section 42(b)(4-5), the statutory
established penalty is $1,500 for a first-time violation. 415 ILCS 5/42(b)(4-5) (2004). The
Board accordingly assesses a civil penalty of $1,500. To effectuate the parties’ intent that Spears
pay a total civil penalty of $1,500, the Board dismisses the alleged violations of Section 21(p)
(3).
This opinion constitutes the Board’s finding of fact and conclusions of law.
2
ORDER
Pursuant to the stipulated agreement, the Board finds that Robert Daniel Spears (Spears)
violated Section 21(p) (1) of the Act. 415 ILCS 5/21(p)(1) (2004).
1.
Spears must pay a civil penalty of $1,500 pursuant to 415 ILCS 5/42(b)(4-5)
(2004).
2.
Spears must pay the civil penalty on or before December 19, 2005, the first
business day after the thirtieth day following the date of this order. The payment
must be made by certified check, money order or electronic funds transfer, made
payable to the Illinois Environmental Protection Trust Fund. The case number,
case name, and Spears’ social security number or federal employer identification
number must be included on the certified check or money order. If submitting an
electronic funds transfer to the Agency, the electronic funds transfer must be
made in accordance to the specific instructions provided to Spears.
3.
Spears must send the certified check, money order, or electronic funds transfer,
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) (2004)) at the rate
set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
(2004)).
5.
The Board dismisses the alleged violation of Sections 21(p) (3) of the Act. 415
ILCS 5/21(p)(3) (2004).
6.
Spears’ February 24, 2005 petition for review is dismissed.
7.
Spears must diligently comply with, and cease and desist from further violations
of, the Act (415 ILCS 5/1
et seq
. (2004)), and the Board’s rules and regulations.
35 Ill. Adm. Code Subtitles A through H.
8.
The Agency will not refer the violations that are the subject of this administrative
citation to the Office of the Illinois Attorney General or any other prosecuting
authority for the initiation of a criminal or civil action.
IT IS SO ORDERED.
3
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, hereby certify that the Board
adopted the above opinion and order on November 17, 2005, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
