ILLINOIS POLLUTION CONTROL BOARD
December 1, 2005
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
JOHN GROFF,
Respondent.
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AC 05-20
(IEPA No. 412-04-AC)
(Administrative Citation)
MS. MICHELLE M. RYAN, SPECIAL ASSISTANT ATTORNEY GENERAL, APPEARED
ON BEHALF OF THE COMPLAINANT; and
MR. JOHN GROFF, APPEARED
PRO SE
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OPINION AND ORDER OF THE BOARD (by N.J. Melas):
On June 16, 2005, the Board issued an interim opinion and order, finding that respondent
Mr. John Groff violated numerous open dumping prohibitions of the Environmental Protection
Act (Act) (415 ILCS 5 (2004)) at two sites in Jackson County. The violations were alleged in an
administrative citation issued by the County of Jackson (County). Having received
documentation of hearing costs in this administrative citation enforcement action, the Board
today issues its final opinion and order.
In the interim opinion and order, the Board found that Mr. Groff violated Sections
21(p)(1), (3) and (7) of the Act by causing or allowing the open dumping of wastes on his
property resulting in litter, open burning, and the deposition of construction or demolition debris
at 2503 Barton Road, Junction City, Marion County. 415 ILCS 5/21(p)(1), (3), and (7) (2004).
The allegations arose from a July 29, 2004 inspection of Mr. Groff’s property.
Because there were three violations of Section 21(p) and the violations were first
offenses, the Board found that under Section 42(b)(4-5) of the Act, the total civil penalty was
$4,500. 415 ILCS 5/42(b)(4-5) (2004). In addition, because Mr. Groff did not succeed at
hearing, he must pay the hearing costs of both the Agency and the Board. 35 Ill. Adm. Code
108.502, 108.504. The hearing in this administrative citation was held on July 18, 2005, at the
City Hall in Marion County.
On October 28, 2005, the Clerk of the Board submitted an affidavit of the Board’s
hearing costs totaling $166.79. On November 2, 2005, the Agency filed a statement of hearing
costs totaling $124.91. Mr. Groff has not responded to either statement of costs.
The Board finds the hearing costs of the Board and the Agency reasonable and orders Mr.
Groff to pay those costs under Section 42(b)(4-5) of the Act. 415 ILCS 5/42(b)(4-5) (2004).
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The Board incorporates by reference the findings of fact and conclusions of law from its October
20, 2005 interim opinion and order. Under Section 31.1(d)(2) of the Act, the Board attaches the
administrative citation and makes it part of the Board’s final order.
This opinion and order constitutes the Board’s findings of fact and conclusions of law.
ORDER
1. The Board finds that respondent Mr. John Groff violated Section 21(p)(1), (3) and
(7) of the Environmental Protection Act at his property in Junction City, Marion
County. 415 ILCS 5/21(p)(1), (3), (7) (2004).
2. The Board assesses the civil penalty of $4,500 for the violations, as well as
hearing costs totaling $291.70, for a total amount due of $4,791.70. Mr. Groff
must pay $4,791.70 no later than January 16, 2006, which is the first business day
following the 45th day after the date of this order. Mr. Groff must pay this
amount by certified check or money order, made payable to the Environmental
Protection Trust Fund. The case numbers, case name, and Mr. Groff’s social
security number or federal employer identification number must be included on
the certified check or money order.
3. Mr. Groff must send the certified check or money order to:
Illinois Environmental Protection Agency
Fiscal Services
1020 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 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 violations
continue.
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.
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above opinion and order on December 1, 2005, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
