ILLINOIS POLLUTION CONTROL BOARD
    May 18, 2006
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    ROBERT J. KERKER and DALE KERKER
    d/b/a KERKER CONSTRUCTION,
     
    Respondents.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
     
     
     
     
     
    AC 06-36
    (IEPA No. 72-06-AC)
    (Administrative Citation)
     
    OPINION AND ORDER OF THE BOARD (by G.T. Girard):
     
    On April 3, 2006, the Illinois Environmental Protection Agency (Agency) timely filed an
    administrative citation against Robert J. Kerker and Dale Kerker (respondents).
    See
    415 ILCS
    5/31.1(c) (2004); 35 Ill. Adm. Code 108.202(c). The Agency alleged that on February 24, 2006
    respondents violated Section 21(p)(1), (p)(3) and (p)(7) of the Environmental Protection Act
    (Act) (415 ILCS 5/21(p)(1), (p)(3) and (p)(7) (2004)). The Agency further alleges that
    respondents violated this provision these provisions by causing or allowing the open dumping of
    waste in a manner that resulted in (1) litter; (2) open burning; and (3) deposition of general
    construction or demolition debris or clean construction or demolition debris. The alleged
    violations occurred at a site located in the southeast quarter of Section 25 in Birmingham
    Township, Tract 3 North, Range 4 West in Schuyler County.
     
    As required, the Agency served the administrative citation on respondents 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 8, 2006. Each of
    respondents failed to timely file a petition. Accordingly, the Board finds that each of
    respondents violated Section 21(p)(1), (p)(3) 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 three violations of Section 21(p) and these violations are first offenses, the
    total civil penalty is $4,500. 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.
     
     
    2
    ORDER
     
    1. The Board finds that respondents violated Sections 21(p)(1), (p)(3) and (p)(7) of
    the Act as alleged. Respondents must pay a civil penalty of $4,500 no later than
    June 19, 2006, which is the first business day after the 30th day after the date of
    this order.
     
    2. Respondents must pay the civil penalty by certified check or money order, made
    payable to the Illinois Environmental Protection Trust Fund. The case number,
    case name, and respondents’ social security numbers or federal employer
    identification number must be included on the certified check or money order.
     
    3. Respondents must send the certified check or money order 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. 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.
     
    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

    Back to top