ILLINOIS POLLUTION CONTROL BOARD
December 7, 2006
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
CURTIS JIM HAMMOND,
Respondent.
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AC 07-23
(IEPA No. 303-06-AC)
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
On October 27, 2006, the Illinois Environmental Protection Agency (Agency) timely
filed an administrative citation against Curtis Jim Hammond.
See
415 ILCS 5/31.1(c) (2004); 35
Ill. Adm. Code 108.202(c). The Agency alleged that on September 18, 2006, Curtis Jim
Hammond 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 Curtis
Jim Hammond violated this provision by causing or allowing the open dumping of waste in a
manner that resulted in 1) litter, 2) open burning, and 3) unlawful deposition of general
construction or demolition debris or clean construction or demolition debris. The alleged
violations occurred at facility located approximately 1/4 mile south of Illinois Route 24 at the
junction of 125E & 150 N in Fulton County
,
As required, the Agency served the administrative citation on Curtis Jim Hammond
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 December 1, 2006. Curtis
Jim Hammond failed to timely file a petition. Accordingly, the Board finds that Curtis Jim
Hammond violated Sections 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).
The violations of Section 21(p) (1), (p)(3), and (p)(7) are each first offenses, so the penalty for
each 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.
2
ORDER
1.
The Board finds that Curtis Jim Hammond violated Section 21(p)(1) and (p)(3) of
the Act as alleged. Curtis Jim Hammond must pay a civil penalty of $4,500 no
later than January 8, 2007, which is the first business day after the 30th day after
the date of this order.
2.
Curtis Jim Hammond 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 Curtis Jim Hammond’s social security number or
federal employer identification number must be included on the certified check or
money order.
3.
Curtis Jim Hammond 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 December 7, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
