ILLINOIS POLLUTION CONTROL BOARD
August 4, 2006
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
RON LAWVER,
Respondent.
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AC 06-57
(IEPA No. 129-06-AC)
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
On June 26, 2006, the Illinois Environmental Protection Agency (Agency) timely filed an
administrative citation against Ron Lawver.
See
415 ILCS 5/31.1(c) (2004); 35 Ill. Adm. Code
108.202(c). The Agency alleged that on May 9, 2006, Ron Lawver 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
Agency further alleges that Ron Lawver 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 711 East Washington Avenue, Lewistown, Fulton County.
As required, the Agency served the administrative citation on Ron Lawver 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 28, 2006. Ron Lawver
failed to timely file a petition. Accordingly, the Board finds that Ron Lawver 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 is one violation are two violations of Section 21(p) and these violations are first
offenses, the total civil penalty is $3,000. 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.
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ORDER
1.
The Board finds that Ron Lawver violated Sections 21(p)(1) and (p)(7) of the Act
as alleged. Ron Lawver must pay a civil penalty of $3,000 no later than
September 5, 2006, which is the first business day after the 30th day after the date
of this order.
2.
Ron Lawver 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 Ron Lawver’s social security number or federal employer
identification number must be included on the certified check or money order.
3.
Ron Lawver 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 August 4, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
