ILLINOIS POLLUTION CONTROL BOARD
July 6, 2006
OGLE COUNTY SOLID WASTE
MANAGEMENT DEPARTMENT,
Complainant,
v.
WAYNE L. FISHER and CHRISTINA C.
FISHER,
Respondents.
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AC 06-31
(Site Code 1418215008)
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
On March 27, 2006, the Ogle County Solid Waste Management Department timely filed
an administrative citation against Wayne L. Fisher and Christina C. Fisher (respondents).
See
415 ILCS 5/31.1(c) (2004); 35 Ill. Adm. Code 108.202(c). The Ogle County Solid Waste
Management Department alleges that on January 30, 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)).
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The Ogle County Solid Waste Management Department further
alleges that respondents violated 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 Ogle County.
As required, the Ogle County Solid Waste Management Department 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). On May 3, 2006,
respondents timely filed a petition to contest the administrative citation.
See
415 ILCS 5/31.1(d)
(2004); 35 Ill. Adm. Code 108.204(b). Because the postmark date of the petition was within the
time for filing, the petition was timely filed. 35 Ill. Adm. Code 101.300(b)(2). Respondents
asserted that they were contesting the administrative citation.
See
35 Ill. Adm. Code 108.206.
By an order dated May 18, 2006, the Board accepted the petition for hearing. But, the
Board did not accept that filing as a complete petition to contest the administrative citation and
did not authorize a hearing pursuant to 35 Ill. Adm. Code 108.300. The Board found that the
petition was deficient in that it did not specify the grounds for appeal, as required by 35 Ill. Adm.
Code 108.206. The Board directed respondents to amend their petition for review to include this
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The Ogle County Solid Waste Management Department further alleges violations of Sections
9(a) and (c) and 21(a), (d), and (e) of the Act (415 ILCS 5/9(a) and (c) and 21(a), (d), and (e)
(2004)), but Section 31.1 does not authorize the issuance of an administrative citation for those
alleged violations.
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information on or before June 19, 2006, or the Board would dismiss the petition and enter a
default in this matter pursuant to 35 Ill. Adm. Code 108.406. The Board received no such
amended petition within the time allowed. 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.
ORDER
1.
The Board finds that Wayne L. Fisher and Christina C. Fisher violated Sections
21(p)(1), (p)(3), and (p)(7) of the Act as alleged. Wayne L. Fisher and Christina
C. Fisher must pay a civil penalty of $4,500 no later than August 7, 2006, which
is the first business day after the 30th day after the date of this order.
2.
Wayne L. Fisher and Christina C. Fisher must pay the civil penalty by certified
check or money order, made payable to the Ogle County Solid Waste Fund. The
case number, case name, and Wayne L. Fisher’s and Christina C. Fisher’s social
security number must be included on the certified check or money order.
3.
Wayne L. Fisher and Christina C. Fisher must send the certified check or money
order and the remittance form to:
Ogle County Treasurer’s Office
Ogle County Courthouse
Oregon, Illinois 61061
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
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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 July 6, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
