ILLINOIS POLLUTION CONTROL BOARD
July 20, 2006
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
LARRY PAYNE SR.,
Respondent.
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AC 06-48
(IEPA File No. 99-06-AC)
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
On June 2, 2006, the Illinois Environmental Protection Agency (Agency) timely filed an
administrative citation against Larry Payne Sr.
See
415 ILCS 5/31.1(c) (2004); 35 Ill. Adm.
Code 108.202(c). The Agency alleged that on April 20, 2006, Larry Payne Sr. 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 Larry Payne Sr. 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 24722
North Barnes School Road, Marietta, Fulton County.
As required, the Agency served the administrative citation on Larry Payne Sr. 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 July 6, 2006. Larry Payne Sr.
failed to timely file a petition. Accordingly, the Board finds that Larry Payne Sr. 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 subsequent offenses,
1
the total civil penalty is $9,000. Under Section 31.1(d)(1) of the Act, the Board attaches the
administrative citation and makes it part of the order below.
1
The Board found that Larry Payne Sr. previously violated Section 21(p)(1), (p)(3), and (p)(7) of
the Act (415 ILCS 5/21(p)(1), (p)(3), and (p)(7) (2004)) at this site in IEPA v. Harley Lafary
d/b/a Lafary Construction, Harris Lafary, and Larry Payne Sr., AC 03-19 (Mar. 6, 2003).
2
This opinion constitutes the Board’s finding of fact and conclusions of law.
ORDER
1.
The Board finds that Larry Payne Sr. violated Sections 21(p)(1), (p)(3), and (p)(7)
of the Act as alleged. Larry Payne Sr. must pay a civil penalty of $9,000 no later
than August 21, 2006, which is the first business day after the 30th day after the
date of this order.
2.
Larry Payne Sr. 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 Larry Payne Sr.’s social security number must be
included on the certified check or money order.
3.
Larry Payne Sr. 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.
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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 July 20, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
