ILLINOIS POLLUTION CONTROL BOARD
December 21, 2006
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
GLENN and BRENDA YORK,
Respondents.
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AC 07-15
(IEPA No. 252-06-AC)
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
On September 18, 2006, complainant, the Illinois Environmental Protection Agency
(Agency), timely filed an administrative citation against respondents, Glenn and Brenda York.
See
415 ILCS 5/31.1(c) (2004); 35 Ill. Adm. Code 101.300(b), 108.202(c). The administrative
citation concerns a site located at 1847 S. Main Street in Jacksonville, Morgan County. The site
has been designated with the Agency site code number 1370200046. For the reasons below, the
Board finds that the Yorks violated the Environmental Protection Act (Act) (415 ILCS 5 (2004))
and orders them to pay a $1,500 in civil penalty.
Under the Act, an administrative citation is an expedited enforcement action brought
before the Board seeking civil penalties that are fixed by statute. Administrative citations may
be filed only by the Agency or, if the Agency has delegated the authority, by a unit of local
government, and only for limited types of alleged violations at sanitary landfills or unpermitted
open dumps.
See
415 ILCS 5/3.305, 3.445, 21(o), (p), 31.1(c), 42(b)(4), (4-5) (2004); 35 Ill.
Adm. Code 108.
In this case, the Agency alleges that the Yorks violated Section 21(p)(1) of the Act (415
ILCS 5/21(p)(1) (2004)) by causing or allowing the open dumping of waste resulting in litter.
The Agency asks the Board to impose on the Yorks the statutorily-fixed civil penalty of $1,500
for the alleged violation. As required, the Agency served the administrative citation on the
Yorks within “60 days after the date of the observed violation.” 415 ILCS 5/31.1(b) (2004);
see
also
35 Ill. Adm. Code 101.300(c), 108.202(b). Specifically, the Agency inspected the site on
July 26, 2006, and served the administrative citation on September 16, 2006.
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.
See
415 ILCS 31.1(d)(1) (2004); 35 Ill. Adm. Code 101.300(b),
108.204(b), 108.406. Here, the Yorks failed to file any petition for review by October 23, 2006, the
first business day following the 35th day after service. Accordingly, the Board finds that the Yorks
violated Section 21(p)(1) of the Act as alleged.
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The civil penalty for violating any provision of Section 21(p) of the Act is $1,500 for
each violation of each provision, though the penalty amount increases to $3,000 per violation for
a second or subsequent adjudicated violation of such provision.
See
415 ILCS 5/42(b)(4-5)
(2004); 35 Ill. Adm. Code 108.500. Because there is one violation of Section 21(p)(1) and no
indication that it is a second or subsequent adjudicated violation of that provision, the total civil
penalty here 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 findings of fact and conclusions of law.
ORDER
1.
The Yorks violated Section 21(p)(1) of the Act (415 ILCS 5/21(p)(1) (2004)) by
causing or allowing the open dumping of waste resulting in litter.
2.
The Yorks must pay a total civil penalty of $1,500 by January 22, 2007, which is
the first business day following the 30th day after the date of this order. Payment
must be made by certified check or money order, made payable to the Illinois
Environmental Protection Trust Fund. The case number, case name, and the
Yorks’ federal employer identification numbers or social security numbers must
be included on the certified check or money order.
3.
The Yorks must send the certified check or money order 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 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
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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 December 21, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
