ILLINOIS POLLUTION CONTROL BOARD
March 1, 2007
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
GERE PROPERTIES, INC., PERRY RIDGE
LANDFILL, INC., and MIKE WHITLOCK,
Respondents.
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AC 07-29
(IEPA File No. 372-06-AC)
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
On December 26, 2006, the Illinois Environmental Protection Agency (Agency) timely
filed an administrative citation against three respondents: Gere Properties, Inc. (Gere
Properties); Perry Ridge Landfill, Inc. (Perry Ridge); and Mike Whitlock (Whitlock).
See
415
ILCS 5/31.1(c) (2004); 35 Ill. Adm. Code 108.202(c). The administrative citation concerns a
sanitary landfill commonly known as Perry Ridge Landfill, located at 6305 Sacred Heart Drive
in DuQuoin, Perry County. For the reasons below, the Board: (1) grants the Agency’s motion to
dismiss the administrative citation as to Gere Properties and Perry Ridge; and (2) finds that
Whitlock violated the Environmental Protection Act (Act) (415 ILCS 5 (2004)) as alleged in the
administrative citation and orders Whitlock to pay $1,000 in civil penalties.
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 respondents violated Sections 21(o)(5) and (o)(12) of
the Act (415 ILCS 5/21(o)(5), (o)(12) (2004)) by conducting a sanitary landfill in a manner
which resulted in (1) uncovered refuse remaining from the previous operating day or at the
conclusion of any operating day; and (2) failure to collect and contain litter by the end of each
operating day. The alleged violations took place at Perry Ridge Landfill, which the Agency
states is operating under Permit No. 2000-064-LF and is designated with Site Code No.
1450105039. According to the administrative citation, Gere Properties is the permitted owner,
Perry Ridge is the permitted operator, and Whitlock is the certified operator in responsible
charge of Perry Ridge Landfill.
On February 15, 2007, the Agency filed a motion to “dismiss the pending action as to
Respondents GERE Properties, Inc. and Perry Ridge Landfill, Inc.” for failing to serve them
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within 60 days of the observed violation as required by the Act (Motion at 1-2).
See
415 ILCS
5/31.1(b) (2004); 35 Ill. Adm. Code 108.402. The Board grants the Agency’s motion and
dismisses the administrative citation as to Gere Properties and Perry Ridge.
As required, the Agency served the administrative citation on Whitlock 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 violations alleged and
impose the corresponding civil penalty.
See
415 ILCS 31.1(d)(1) (2004); 35 Ill. Adm. Code
108.204(b), 108.406. Here, Whitlock failed to timely file a petition. Accordingly, the Board
finds that Whitlock violated Sections 21(o)(5) and (o)(12) of the Act.
The civil penalty for violating Section 21(o) is $500 for each violation.
See
415 ILCS
5/42(b)(4) (2004); 35 Ill. Adm. Code 108.500(a). Because there are two violations of Section
21(o), the total civil penalty is $1,000. 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.
The Board dismisses the administrative citation as to Gere Properties and Perry
Ridge.
2.
Whitlock must pay a civil penalty of $1,000 no later than April 2, 2007, which is
the first business day following the 30th day after the date of this order.
3.
Whitlock 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 Whitlock’s social security number or federal employer
identification number must be included on the certified check or money order.
4.
Whitlock 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
5.
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)).
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6.
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 March 1, 2007, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
