ILLINOIS POLLUTION CONTROL BOARD
May 17, 2007
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
GENE BREEDEN,
Respondent.
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AC 07-51
(IEPA No. 57-07-AC)
(Administrative Citation)
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
On April 2, 2007, the Illinois Environmental Protection Agency (Agency) timely filed an
administrative citation against Gene Breeden (respondent).
See
415 ILCS 5/31.1(c) (2004); 35
Ill. Adm. Code 108.202(c). The administrative citation concerns a site commonly known as G &
D Salvage with Site Code No. 0750550001, located at 104 West Lincoln Street, Loda, Iroquois
County. For the reasons below, the Board finds that respondent violated the Environmental
Protection Act (Act) (415 ILCS 5 (2004)) and orders respondent to pay $6,000 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 respondent violated Sections 21(p)(1) and (p)(3) of
the Act (415 ILCS 5/21(p)(1) and (p)(3) (2004)) by operating an open dump resulting in litter
and open burning. The Agency asks the Board to impose a $6,000 civil penalty on respondent.
As required, the Agency served the administrative citation on respondent 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, any petition for review was due on May 7, 2007. Respondent failed to timely
file a petition. Accordingly, the Board finds that respondent violated Sections 21(p)(1) and
(p)(3) of the Act (415 ILCS 5/21(p)(1) and (p)(3) (2004)).
2
The civil penalty for violating Section 21(p) is $1,500 for each violation for a first
violation and $3,000 for each violation for a second or subsequent violation. 415 ILCS
5/42(b)(4-5) (2004); 35 Ill. Adm. Code 108.500(a). The Board has previously found respondent
in violation of Sections 21(p)(1) and (p)(3) of the Act (415 ILCS 5/21(p)(1) and (p)(3) (2004)).
See
IEPA v. Gene Breeden, AC 05-71 (July 7, 2005). Therefore these are subsequent violations
and the civil penalty is $3,000 for each violation. Because there are two violations, the total civil
penalty is $6,000. 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.
Respondent must pay a civil penalty of $6,000 no later than June 18, 2007, which
is the first business day following the 30th day after the date of this order.
2.
Respondent must pay the civil penalty by certified check or money order, made
payable to the Illinois Environmental Protection Trust Fund.
3.
Respondent must send the certified check or money order and the remittance form
to:
Fiscal Services
Illinois Environmental Protection Agency
1021 N. 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 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.
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I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
the Board adopted the above opinion and order on May 17, 2007, by a vote of 4-0.
___________________________________
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
