ILLINOIS POLLUTION CONTROL BOARD
May 18, 2006
COUNTY OF JACKSON,
Complainant,
v.
JAMES QUALLS,
Respondent.
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AC 06-37
(County No. 0778005006)
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
On April 6, 2006, the County of Jackson timely filed an administrative citation against
James Qualls.
See
415 ILCS 5/31.1(c) (2004); 35 Ill. Adm. Code 108.202(c). The County of
Jackson alleged that on February 28, 2006 James Qualls violated Section 21(p)(1) and (p)(7) of
the Environmental Protection Act (Act) (415 ILCS 5/21(p)(1) and (p)(7) (2004)). The County of
Jackson further alleges that James Qualls violated these provisions by causing or allowing the
open dumping of waste in a manner that resulted in (1) litter; and (2) deposition of general
construction or demolition debris or clean construction or demolition debris. The alleged
violations occurred at a site located at latitude 37.91987 and longitude -89.50421, in or near Ava,
Jackson County.
As required, the County of Jackson served the administrative citation on James Qualls
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 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 May 6, 2006. James Qualls
failed to timely file a petition. Accordingly, the Board finds that James Qualls violated Section
21(p)(1) and (p)(7) 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 are two violations of Section 21(p) and these violations are subsequent offenses,
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Several earlier administrative citations against James Qualls involving the same site have
resulted in adjudications of violation civil penalties.
See
County of Jackson v. James Qualls
, AC
03-14 (Feb. 6, 2003, as modified Mar. 6, 2003); County of Jackson v. James Qualls, AC 98-16
(Apr. 16, 1998) ; County of Jackson v. James Qualls
, AC 97-43 (Jan. 23, 1997); County of
Jackson v. James Qualls, AC 96-56 (Sep. 5, 1996); County of Jackson v. James Qualls, AC 94-
35 (Aug. 11, 1994); County of Jackson v. James Qualls
, AC 92-6 (Mar. 26, 1992); County of
Jackson v. James Qualls, AC 91-36 (Aug. 22, 1991).
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the total civil penalty is $6,000. 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.
ORDER
1.
The Board finds that James Qualls violated Sections 21(p)(1) and (p)(7) of the
Act as alleged. James Qualls must pay a civil penalty of $6,000 no later than June
19, 2006, which is the first business day after the 30th day after the date of this
order.
2.
James Qualls must pay the civil penalty by certified check or money order, made
payable to the Jackson County Treasurer’s Office. The case number, case name,
and James Qualls’ social security number or federal employer identification
number must be included on the certified check or money order.
3.
James Qualls must send the certified check or money order and the remittance
form to:
Shirley Dillinger Booker
Jackson County Treasurer
Murphysboro, Illinois 62966
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 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 May 18, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
