ILLINOIS POLLUTION CONTROL BOARD
July 6, 2006
COUNTY OF WAYNE,
Complainant,
v.
WILLIAM SLANE,
Respondent.
)
)
)
)
)
)
)
)
)
AC 06-38
(Wayne County No. 191-05-06)
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
On May 9, 2006, the County of Wayne timely filed an administrative citation against
William Slane.
See
415 ILCS 5/31.1(c) (2004); 35 Ill. Adm. Code 108.202(c). The County of
Wayne alleged that on March 21, 2006, William Slane violated Section 21(p)(1) of the
Environmental Protection Act (Act) (415 ILCS 5/21(p)(1) (2004)). The County of Wayne
further alleges that William Slane violated this provision by causing or allowing the open
dumping of waste in a manner that resulted in litter. The alleged violations occurred at a site
located in Wayne County.
As required, the County of Wayne served the administrative citation on William Slane
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 violation
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 June 13, 2006. William
Slane failed to timely file a petition. Accordingly, the Board finds that William Slane violated
Section 21(p)(1) 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 is one violation of Section 21(p) and this violation is a first offense, the total civil
penalty is $1,500. 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 William Slane violated Sections 21(p)(1) of the Act as
alleged. William Slane must pay a civil penalty of $1,500 no later than August 7,
2006, which is the first business day after the 30th day after the date of this order.
2
2.
William Slane must pay the civil penalty by certified check or money order, made
payable to the Wayne County Treasurer’s Office. The case number, case name,
and William Slane’s social security number must be included on the certified
check or money order.
3.
William Slane must send the certified check or money order and the remittance
form to:
Donna Vaughan, Wayne County Treasurer
Fairfield, Illinois 62837
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 violation
continues.
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 July 6, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
