ILLINOIS POLLUTION CONTROL BOARD
October 5, 2006
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
CHARLES F. KINSEL,
Respondent.
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AC 07-09
(IEPA No. 145-06-AC)
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
On August 21, 2006, the Illinois Environmental Protection Agency (Agency) timely filed
an administrative citation against Charles F. Kinsel.
See
415 ILCS 5/31.1(c) (2004); 35 Ill. Adm.
Code 108.202(c). The Agency alleged that on July 18, 2006, Charles F. Kinsel violated Section
21(p)(1) and (p)(3) of the Environmental Protection Act (Act) (415 ILCS 5/21(p)(1) and (3)
(2004)). The Agency further alleges that Charles F. Kinsel violated this provision by causing or
allowing the open dumping of waste in a manner that resulted in litter and resulted in open
burning. The alleged violations occurred at the facility located off County Road 2050E,
approximately one mile north of U .S. Route 24 in Liverpool Township, Fulton County.
As required, the Agency served the administrative citation on Charles F. Kinsel 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 25, 2006.
Charles F. Kinsel failed to timely file a petition. Accordingly, the Board finds that Charles F.
Kinsel violated Sections 21(p)(1) and (p)(3) 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).
The violation of Section 21(p)(1) is a second offense (s
ee
Administrative Citation at p. 2, citing
IEPA v. Charles F. Kinsel, AC 02-22 (January 10, 2002)), so the penalty for this violation is
$3,000. The violation of Section 21(p)(3) is a first offense, so the penalty for this violation is
$1,500. Accordingly, 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.
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ORDER
1.
The Board finds that Charles F. Kinsel violated Section 21(p)(1) and (p)(3) of the
Act as alleged. Charles F. Kinsel must pay a civil penalty of $4,500 no later than
November 6, 2006, which is the first business day after the 30th day after the date
of this order.
2.
Charles F. Kinsel 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 Charles F. Kinsel’s social security number or federal
employer identification number must be included on the certified check or money
order.
3.
Charles F. Kinsel 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.
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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 October 5, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
