ILLINOIS POLLUTION CONTROL BOARD
    May 18, 2006
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    JOHN MALLOCH,
     
    Respondent.
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    AC 05-63
    (IEPA No. 78-05-AC)
    (Administrative Citation)
     
    MICHELLE M. RYAN, SPECIAL ASSISTANT ATTORNEY GENERAL, APPEARED ON
    BEHALF OF THE COMPLAINANT; and
     
    JOHN R. MALLOCH APPEARED
    PRO SE
    .
     
    OPINION AND ORDER OF THE BOARD (by A.S. Moore):
     
    On March 16, 2006, the Board issued an interim opinion and order, finding that John R.
    Malloch (respondent) violated Section 21(p)(1), 21(p)(3), and 21(p)(7) of the Environmental
    Protection Act (Act) (415 ILCS 5/21(p)(1), 21(p)(3), and 21(p)(7) (2004)) at a site located at
    2572 County Road 600E, Dewey, Champaign 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), 21(p)(3), and 21(p)(7) of the Act (415 ILCS 5/21(p)(1), 21(p)(3), and 21(p)(7) (2004))
    by causing or allowing the open dumping of wastes on his property resulting in litter, open
    burning, and the deposition of general construction or demolition debris or clean construction or
    demolition debris. The allegation arose from a March 2, 2005 inspection by the Agency.
     
    Because there are three violations of Section 21(p) of the Act (415 ILCS 5/21(p) (2004))
    and these violations are first offenses, the total civil penalty is $4,500. Further, because the
    Board held a hearing on November 2, 2005, at Champaign City Hall at which respondent did not
    prevail, respondent is also liable for hearing costs. 35 Ill. Adm. Code 108.502, 108.504.
     
    On March 22, 2006, the Clerk of the Board submitted an affidavit of the Board's hearing
    costs totaling $185.25. On March 30, 2006, the Agency filed a statement of hearing costs
    totaling $104.35. Respondent has not responded to either statement of costs.
    See
    35 Ill. Adm.
    Code 108.506(a) (setting 21-day deadline for response).
     
     
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    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)
    (2004). The Board incorporates by reference the findings of fact and conclusions of law from its
    March 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. John R. Malloch violated Section 21(p)(1),
    21(p)(3), and 21(p)(7) of the Environmental Protection Act (415 ILCS 5/21(p)(1),
    21(p)(3), and 21(p)(7) (2004)) at 2572 County Road 600E, Dewey, Champaign
    County.
    2. The Board assesses the civil penalty of $4,500 for the violations, as well as
    hearing costs totaling $289.70 for a total amount of $4,789.70. Respondent
    must pay $4,789.70 no later than July 3, 2006, which is the first business
    day after the 45th day from 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
     
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    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 May 18, 2006, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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