ILLINOIS POLLUTION CONTROL BOARD
March 15, 2007
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
MARK A. LEWIS,
Respondent.
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AC 07-31
(IEPA No. 376-06-AC)
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
On January 5, 2007, the Illinois Environmental Protection Agency (Agency) timely filed
an administrative citation against Mark A. Lewis (Lewis).
See
415 ILCS 5/31.1(c) (2004); 35 Ill.
Adm. Code 108.202(c). The administrative citation concerns a site commonly known to the
Agency as “Clay City/Lewis, Mark A.,” designated with Site Code No. 0258025002, and located
at 1835 Bunnyville Drive in rural Clay City, Clay County. For the reasons below, the Board
finds that Lewis violated the Environmental Protection Act (Act) (415 ILCS 5 (2004)) and orders
Lewis to pay $1,500 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 Lewis violated Section 21(p)(1) of the Act (415
ILCS 5/21(p)(1) (2004)) by causing or allowing the open dumping of waste in a manner resulting
in litter. The Agency asks the Board to impose a $1,500 civil penalty on Lewis. As required, the
Agency served the administrative citation on Lewis 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 a respondent fails to do
so, the Board must find that the respondent committed the violation 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, Lewis was served with the administrative citation on January 5, 2007. The
Board received Lewis’ petition on February 27, 2007. When the Board receives a petition after
the 35-day deadline, the postmark date of that petition is considered its filing date under the
Board’s procedural rules.
See
35 Ill. Adm. Code 101.300(b)(2). The postmark date on Lewis’
petition is February 17, 2007. The deadline for a petition to be filed in this case, however, was
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February 9, 2007. Lewis therefore failed to timely file a petition. Accordingly, the Board finds
that Lewis violated Section 21(p)(1) of the Act.
The civil penalty for violating any provision of subsection (p) of Section 21 is $1,500 for
each violation, except that the penalty amount is $3,000 for each violation that is the person’s
second or subsequent adjudicated violation of that provision.
See
415 ILCS 5/42(b)(4-5) (2004);
35 Ill. Adm. Code 108.500(a). Because there is one violation and no indication in the record that
this is a second or subsequent adjudicated violation, 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.
Lewis must pay a civil penalty of $1,500 no later than April 16, 2007, which is
the first business day following the 30th day after the date of this order.
2.
Lewis 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 Lewis’ social security number must be included on the certified check
or money order.
3.
Lewis 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
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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 15, 2007, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
