ILLINOIS POLLUTION CONTROL BOARD
October 5, 2006
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
ALLEN AND LOIS NOLTENSMEIER,
Respondents.
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AC 07-5
(IEPA No. 136-06-AC)
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
On August 4, 2006, the Illinois Environmental Protection Agency (Agency) timely filed
an administrative citation against Allen and Lois Noltensmeier (Noltensmeiers).
See
415 ILCS
5/31.1(c) (2004); 35 Ill. Adm. Code 108.202(c). The Agency alleged that on June 20, 2006, the
Noltensmeiers violated Section 21(p)(1) of the Environmental Protection Act (Act) (415 ILCS
5/21(p)(1) (2004)). The Agency further alleges that the Noltensmeiers violated this provision by
causing or allowing the open dumping of waste in a manner that resulted in litter. The alleged
violations occurred at 10267 County Road 200N, Chandlerville, Mason County.
As required, the Agency served the administrative citation on the Noltensmeiers 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 September 15, 2006. The
Noltensmeiers failed to timely file a petition. Accordingly, the Board finds that Allen and Lois
Noltensmeier 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 Allen and Lois Noltensmeier violated Section 21(p)(1) of the
Act as alleged. Allen and Lois Noltensmeier must pay a civil penalty of $1,500
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no later than November 6, 2006, which is the first business day after the 30th day
after the date of this order.
2.
Allen and Lois Noltensmeier 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 Allen and Lois Noltensmeier’s social security
number(s) or federal employer identification number must be included on the
certified check or money order.
3.
Allen and Lois Noltensmeier 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 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 October 5, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
