ILLINOIS POLLUTION CONTROL BOARD
October 19, 2006
COUNTY OF LASALLE,
Complainant,
v.
ERIC and SARAH COOK,
Respondents.
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AC 07-14
(Site Code 0998175012)
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
On September 13, 2006, the County of LaSalle timely filed an administrative citation
against Eric and Sarah Cook (the Cooks).
See
415 ILCS 5/31.1(c) (2004); 35 Ill. Adm. Code
108.202(c). The County of LaSalle alleged that on July 27, 2006, the Cooks violated Section
21(p)(1) and (p)(3) of the Environmental Protection Act (Act) (415 ILCS 5/21(p)(1) and (p)(3)
(2004)). The County of LaSalle further alleges that the Cooks violated this provision by causing
or allowing the open dumping of waste in a manner that resulted in litter and open burning. The
alleged violations occurred at the Cook’s property located in Manlius Township, LaSalle County.
As required, the County of LaSalle served the administrative citation on the Cooks 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 October 9, 2006. Paulette
Metille failed to timely file a petition. Accordingly, the Board finds that the Cooks violated
Section 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).
Because there 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.
ORDER
1.
Eric and Sarah Cook must pay a civil penalty of $3,000 no later than November
20, 2006, which is the first business day after the 30th day after the date of this
order.
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2.
Eric and Sarah Cook must pay the civil penalty by certified check or money order,
made payable to the LaSalle County Department of Environmental Services and
Development. The case number, case name, and Eric and Sarah Cook’s social
security numbers or federal employer identification number must be included on
the certified check or money order.
3.
Eric and Sarah Cook must send the certified check or money order and the
remittance form to:
LaSalle County Department of Environmental Services and Development
119 West Madison Street, Room 406
Ottawa, Illinois 61350
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 19, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
