ILLINOIS POLLUTION CONTROL BOARD
April 19, 2007
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
WASTE MANAGEMENT OF ILLINOIS,
INC. and CT CORPORATION SYSTEM,
Respondents.
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AC 07-42
(IEPA No. 32-07-AC)
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
On February 9, 2007, the Illinois Environmental Protection Agency (Agency) timely filed
an administrative citation against Waste Management of Illinois, Inc. and CT Corporation
System (respondents).
See
415 ILCS 5/31.1(c) (2004); 35 Ill. Adm. Code 108.202(c). The
administrative citation concerns respondents’ sanitary landfill located at 11501 W. Cottonwood
Road in Brimfield, Peoria County. The facility is designated with Site Code No. 1438165003
and commonly known to the Agency as “Peoria City/County Landfill #2.” For the reasons
below, the Board finds that respondents violated the Environmental Protection Act (Act) (415
ILCS 5 (2004)) and orders respondents to pay $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 respondents violated Section 21(o)(12) of the Act
(415 ILCS 5/21(o)(12) (2004)) by conducting a sanitary landfill operation in a manner resulting
in the failure to collect and contain litter from the site by the end of each operating day. The
Agency asks the Board to impose a $500 civil penalty on respondents. As required, the Agency
served the administrative citation on respondents 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, any petition from Waste Management of Illinois, Inc. was due on
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March 19, 2007. Any petition from CT Corporation System was due on March 20, 2007.
Neither respondent has timely filed a petition. Accordingly, the Board finds that respondents
violated Section 21(o)(12) of the Act.
The civil penalty for violating any provision of subsection (o) of Section 21 is $500 for
each violation.
See
415 ILCS 5/42(b)(4) (2004); 35 Ill. Adm. Code 108.500(a). Because there is
one violation, the total civil penalty is $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.
Respondents must pay a civil penalty of $500 no later than May 21, 2007, which
is the first business day following the 30th day after the date of this order.
2.
Respondents 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 respondents’ federal employer identification numbers must be
included on the certified check or money order.
3.
Respondents 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
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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 April 19, 2007, by a vote of 3-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
