ILLINOIS POLLUTION CONTROL BOARD
    April 20, 2006
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    FRANK BENCIE,
     
    Respondent.
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    AC 04-77
    (IEPA No. 265-04-AC)
    (Administrative Citation)
     
    MS. MICHELLE M. RYAN, SPECIAL ASSISTANT ATTORNEY GENERAL, APPEARED
    ON BEHALF OF THE COMPLAINANT; and
     
    MR. FRANK BENCIE APPEARED
    PRO SE
    .
     
    OPINION AND ORDER OF THE BOARD (by G.T. Girard):
     
    On February 16, 2006, the Board issued an interim opinion and order, finding Frank
    Bencie (respondent) violated Section 21(p)(1) and (p)(4) of the Environmental Protection Act
    (Act) (415 ILCS 5/21(p)(1) and (p)(4) (2004)) at a site located at 10220 Bencie Lane south of
    West Frankfort, Franklin County. These violations were alleged in an administrative citation
    issued by the Illinois Environmental Protection Agency (Agency). 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 respondent violated Section
    21(p)(1) and (4) of the Act (415 ILCS 5/21(p)(1) and (4) (2004)) by causing or allowing the open
    dumping of wastes on his property resulting in litter and the deposition of waste in flowing or
    standing water. The allegation arose from a March 23, 2004 inspection by the Agency.
     
    Because there are two violations of Section 21(p) of the Act (415 ILCS 5/21(p) (2004))
    and these violations are the first offense, the total civil penalty is $3,000. Further, because a
    hearing was held in this proceeding and respondent did not prevail, respondent is also liable for
    hearing costs. 35 Ill. Adm. Code 108.502, 108.504. The hearing was held on November 17,
    2005, at Benton City Hall, Benton, Franklin County.
     
    On February 16, 2006, the Clerk of the Board submitted an affidavit of the Board's
    hearing costs totaling $172.90. On March 6, 2006, the Agency filed a statement of hearing costs
    totaling $102.03. Respondent has not responded to either statement of costs.
     
    The Board finds the hearing costs of the Board and the Agency reasonable and orders
    respondent to pay those costs under Section 42(b)(4-5) of the Act. 415 ILCS 5/42(b)(4-5)
     
    2
    (2004). The Board incorporates by reference the findings of fact and conclusions of law from its
    February 16, 2006 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. Frank Bencie violated Section
    21(p)(1) and (4) of the Environmental Protection Act (415 ILCS 5/21(p)(1)
    and (4) (2004)) at his property in located at 10220 Bencie Lane, south of
    West Frankfort in Franklin County.
     
    2. The Board assesses the civil penalty of $3,000 for the violations, as well as
    hearing costs totaling $274.93 for a total amount of $3,274.93. Respondent
    must pay $3,274.93 no later than June 5, 2006, which is the 45th day after
    the date of this order. Respondent must pay this amount by certified check
    or money order, made payable to the Environmental Protection Trust Fund.
    The case numbers, case name, and Respondent's social security number or
    federal employer identification number must be included on the certified
    check or money order.
      
    3. Respondent 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 April 20, 2006, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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