ILLINOIS POLLUTION CONTROL BOARD
January 26, 2007
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
LEONARD HOSTETLER,
Respondent.
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AC 07-26
(IEPA No. 254-06-AC)
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
On November 27, 2006, the Illinois Environmental Protection Agency (Agency) timely
filed an administrative citation against Leonard Hostetler.
See
415 ILCS 5/31.1(c) (2004); 35 Ill.
Adm. Code 108.202(c). The Agency alleged that on October 16, 2006, Leonard Hostetler
violated Section 21(p)(1) of the Environmental Protection Act (Act) (415 ILCS 5/21(p)(1)
(2004)). The Agency further alleges that Leonard Hostetler violated this provision by causing or
allowing the open dumping of waste in a manner that resulted in litter. The alleged violations
occurred at the facility located approximately 1.5 miles south of Mt. Zion on Illinois Route 121
north of Harvey City, Macon County.
As required, the Agency served the administrative citation on Leonard Hostetler 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 29, 2006.
Leonard Hostetler failed to timely file a petition. Accordingly, the Board finds that Leonard
Hostetler violated Sections 21(p)(1) 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 is one violation of Section 21(p) and this is a first offense, the total civil penalty 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 finding of fact and conclusions of law.
ORDER
1.
The Board finds that Leonard Hostetler violated Section 21(p)(1) of the Act as
alleged. Leonard Hostetler must pay a civil penalty of $1,500 no later than
2
February 26, 2007, which is the first business day after the 30th day after the date
of this order.
2.
Leonard Hostetler 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 Leonard Hostetler’s social security number or federal
employer identification number must be included on the certified check or money
order.
3.
Leonard Hostetler 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.
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
