ILLINOIS POLLUTION CONTROL BOARD
January 26, 2007
COUNTY OF MACON,
Complainant,
v.
TIM WALKER,
Respondent.
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AC 07-21
(MCSWMD No. 2006-005-AC)
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by A.S. Moore):
On October 16, 2006, the County of Macon (County) timely filed an administrative
citation against Tim Walker.
See
415 ILCS 5/31.1(c) (2004); 35 Ill. Adm. Code 108.202(c). The
County alleges that the respondent violated Sections 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
County further alleges that the respondent violated these provisions by causing or allowing the
open dumping of waste resulting in litter, open burning, and the deposition of general
construction or demolition debris or clean construction or demolition debris at a facility located
at 3710 Christmas Tree Road, Macon County.
On November 28, 2006, the Board received a petition to contest the administrative
citation. The mailing envelope in which the Board received that petition did not have a legible
postmark, but the accompanying certificate of service states that respondent’s attorney placed the
petition in the United States mail on November 24, 2006.
In an order dated December 7, 2006, the Board noted that any administrative citation
must be filed upon respondent within 60 days of the date of the observed violation and that any
timely petition for review must be postmarked within 35 days of the date on which the
respondent received service.
See
415 ILCS 5/31.1(d) (2004); 35 Ill. Adm. Code 108.202(c) and
108.204(b). In the same order, the Board also noted that it had not received any information
from either of the parties concerning the date on which the respondent received the
administrative citation and could not determine whether the administrative citation or the petition
was timely filed so as to give the Board jurisdiction over this matter.
Consequently, the Board in that December 7, 2006 order directed the County to file, on or
before January 4, 2007, the proof of service of the administrative citation on the respondent.
See
35 Ill. Adm. Code 108.202(c). In the same order, the Board directed the respondent to file, on or
before January 4, 2007, an amended petition stating the date on which he received service of the
administrative citation from the County and stating the reasons for appeal as required by 35 Ill.
Adm. Code 108.206.
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On December 12, 2006, the County filed a copy of a certified mail return receipt showing
service of the administrative citation on the respondent on October 17, 2006. Because the
County served the citation on the respondent within 60 days of the observed violation, the Board
finds that this service was timely.
See
415 ILCS 5/31.1(b)(2004); 35 Ill. Adm. Code 108.202(b).
The Act and the Board’s regulation provide that a timely petition for review must be
postmarked within 35 days of the date on which the respondent received service. 415 ILCS
5/31.1(d) (2004); 35 Ill. Adm. Code 108.204(b). If the respondent fails to file a timely petition,
the Board must find that the respondent committed the violations alleged and impose the
corresponding civil penalty. 415 ILCS 31.1(d)(1) (2004); 35 Ill. Adm. Code 108.406. Here, the
respondent failed to timely file a petition within 35 days on or before November 21, 2006.
Accordingly, the Board finds that the respondent violated Sections 21(p)(1), (p)(3), and (p)(7) of
the Act (415 ILCS 5/21(p)(1), (p)(3), and (p)(7) (2004)).
The civil penalty for violating Section 21(p) is $1,500 for a first offense and $3,000 for a
second or subsequent offense for each violation of any provision of the subsection. 415 ILCS
5/42(b)(4) (2004); 35 Ill. Adm. Code 108.500(a)(2). Because there are three violations of
Section 21(p) and these violations are first offenses, 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.
ORDER
1.
The respondent must pay a civil penalty of $4,500 no later than Monday,
February 26, 2007, which is the first business day after the 30th day after the date
of this order.
2.
The respondent 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 the respondent’s social security number or federal
employer identification number must be included on the certified check or money
order.
3.
The respondent 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
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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 violations
continue.
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 January 26, 2007, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
